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HomeMy WebLinkAboutMeridian Middle School Academy CUPWILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY o N I tiAF AR A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN TOLSMA RONALD M. CHARLES EE OUNTR R. GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMIcciON (208) 888-4433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 JIM JOHNSON, Chairman Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP JIM SHEARER ROBERT D. CORRIE GREG OSLUND MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 4, 1997 TRANSMITTAL DATE: 1/22/97 HEARING DATE: 2/11/97 REQUEST: Conditional Use Permit for Meridian Middle School Academy BY: Meridian Joint School District No. 2 LOCATION OF PROPERTY OR PROJECT: Locust Grove and Pine Avenue North of Layne Industrial Park JIM JOHNSON, P2 MALCOLM MACCOY, P/Z JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Joint School District No. 2 PHONE: 888-6701 ADDRESS: 911 Meridian Road Meridian, Idaho 83642 GENERAL LOCATION: Locust Grove & Pine Avenue DESCRIPTION OF PROPOSED CONDITIONAL USE: Construction of Meridian Middle School Academy on parcel -ro jae zoned for Technical District (see attached), ZONING CLASSIFICATION: PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies) . I certify that the information contained herein is true and correct Signa e o plicant Social Security Number LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK , LOT —� TO vv�v • • SUPERINTENDENT Dr. Bob L. Haley January 14, 1997 Ms. Shari Stiles City of Meridian 33 E.Idaho Meridian, Idaho 83642 RE: Conditional Use Application for Meridian Middle School Academy Dear Ms. Stiles: Please accept this application from Joint School District No. 2 for a conditional Use permit. The property (see attached legal description) is presently undeveloped. We propose the construction of a Middle School Academy (an alternative middle school). This would be a similar concept to the Meridian Academy (high school). The Academy will consist of a new parking lot and existing relocatable classroom building. The relocatable buildings will be replaced in the future with permanent structures. We are told by our realtor, Rich Allison that the site will be annexed by the City of Meridian and will be zoned TE. In accordance with item No. 13 of the Conditional Use Application, Joint School District No. 2 agrees to pay an additional sewer, water or trash fees or charges, if any are associated with the proposed use of the property. In accordance with item No. 15 of the Conditional Use Application, Joint School District will post the property, 1 week prior to the hearing, that we have applied for a Conditional Use Permit. Please find the required items attached for your review for Conditional Use Application. Thank you. incerely, aA J Carb Administrator of ry -& upport Programs BOARD OF TRUSTEES Larry Andrews • Wally Hedrick • Holly Houfburg • Jim Keller • Steve Mann 20-96 04:34P meridian real estatebl a 208 888 2775 P.02 DEC -19-1996 14,34 RABLE ENGINEERING •208 378 0329 P.W/03 Cry`` iN r pE�9s NUBBLE ENGINEERING, INC. h 9530 ilstna Coun ■ Bdso, kW*a 83709 208r3Z2-M • Fax 2=375=9 su*,v .4 PROJECT NO. 9624100 DECEMBER 19, 1596 BAKER - LOCUST GROVE BALL S ACRE PARCEL A PARCEL OF L,ANO 88NO A PORTION OF THE E1/2 S'1/2 N112 NW114 SM/4 OF SECTION S. TOWNSHIP 3 NORTH, RANGE 1 EAST. SM. ADA COUNTY. IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 114 CORNER OF SAID SECTION 8; THENCE S 00.00'04" E. ALONG THE WEST UNE OF SAID SECTION, A DISTANCE OF 662.T6 FEET TO THE SW CORNER OF THE N112 NW114 SW114 OF SAID SECTION 8; - THENCE N 89.38'29" E. A DISTANCE OF 56220 FEET. TO THE SW CORNER OF THE E112 3112 N1/2 NW114 SW114 OF SAID SECTION, THE REAL POW OF oftGNIONW, THENCE N Wol'o7" IE. ALONG THE EAST SIDE OF LOCUST GROVE ROAD. A DISTANCE OF 331.33 FEET; THENCE N $9'38'40" E. A DISTANCE OF 657.47 FEET; THENCE 3 00.02'32" W, A DISTANCE OF 331.30 FEET TO THE NORTH BOUNDARY OF LAYNE INDLISMIAL PARK SUBOWtSION; THENCE 8 89'382'9" w, ALONG "0 NORTH BOUNDARY A DISTANCE OF 857.33 FEET. TO THE REAL. POINT OF WGINNING, CONTAINING 5.00 ACRES OF LAND, MORE OR LESS. TRWNW11134.DES PREPARED Sr 14UBBLE ENGINEERING. M. TODD R. VIIAITE. P.L.S. REVIEW& AND APPROVED: nn, 4038861 ADA CO. RECORDER J. DAVID 1,10' AP,RO BOISE ID PIONEER TITLE '94 APR 27 Pfd 5 da FEE DzF TRUSTEE'S WARRANTY hfED a7 I IKEA ,Q .ST OF GRANTOR: HAROLD E. BALL, as Trustee of THE HAROLD AND PAULINE BALL IRREVOCABLE TRUST under Trust Agreement dated May 29, 1991. GRANTEE: B W INC:, a corporation. GRANTEE'S ADDRESS: 250 S. Beechwood Suite 120, Boise, ID 83709 DESCRIPTION OF REAL PROPERTY CONVEYED BY THIS DEED: Situated in the County of Ada, State of Idaho. The South Half of the North Half of the Northeast Quarter of the Southwest Quarter (S% NY2 NE'/. SW%), and the South Half of the Northeast Quarter of the Northwest Quarter of the Southwest Quarter (SK NEX NW% SWY,), all in Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. FOR VALUE RECEIVED, the abov"amed Grantor does hereby grant, bargain, sell, and convey unto the above-named Grantee, the real property above described; TO HAVE AND TO HOLD the said premises, with their appurtenances, unto the said Grantee, and Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee that Grantor is the owner in fee simple of said premises, and that they are free from all encumbrances except current year's taxes, levies, and assessments, and also except reservations, restrictions, and easements of record and easements and mad rights of way visible upon the premises, and that Grantor win WARRANT and DEFEND the same from all lawfiil claims whatsoever. Grantor represents and warrants that the Trustee &Vnd herein has executed this instrument, and has entered into the transaction in connection win which this instrument is executed and delivered, pursuant to the powers and authority granted to the Trustee in the Trust Agreement of the above named Tnust, as more fully appears in Affidavit Re: Trust and Tru tee's Powers recorded as Instrument No. 9129016 in the office of the County Recorder of Ada County, Idaho. TRUSTEE'S WARRANTY DEED - Page 1 of 2 Pages JAN 03 '97 11=14 PAGE.03 I u-9"; r MUM DATED: April 27 .1994. .g OLD E. BALL,, as Trustee o THE HAROLD AND PAULINE BALL IRREVOCABLE TRUST STATE OF IDAHO ) )ss. i COUNTY OF ADA ) On this '27thd&y of April 1994, before mc, the undersigned, a Notary Public in and I for said State, personally appeared HAROLD E. BALL„ known or identified to me, to be the person whose name is subscribed -to the foregoing instrument as Trustee of ME HAROLD AND PAULINE BALI. IRREVOCABLE TRUST, and acknowledged to me that be executed the same as su . A 4N bfc fo ResiftAA a Zv ,, .. Comm. Expires: 7— 9 • •,;,�;: .::cam,•? :;..:°. TRUSTEE'S WARRANTY DEED - Page 2 of 2 Pages JAN 03 '97 11:14 PAGE P. 2 • •• Deggis M. Bauer a mociateS DEVELOPERS OI• ISIAND WOODS, DANBURY }AIR, IAII CREEKANDMIDDIt CRtIK January 16, 1997 Shari Stiles Planning and Zoning Administration City of Meridian 33 E. Idaho St. Meridian, ID. 33642 RE: APPLICATION FOR ANNEXATION/TE ZONE Dear Shari, Please be advised that in conjunction with our application for annexation and zoning we do hereby certify that we will post the subject property in accordance with the requirements of the City of Meridian. Additionally, I do hereby grant my consent to the Meridian School District and /or their representatives to submit a request for a conditional use permit for a Meridian School District Alternative High School. Thank you for your time. Sincerely, Dermis M. Baker President B.W. Inc. 230 S. BEACHWOOD, SUITE 120 - BOISE. ID 8)7'0'9--'('208) 375-6666 - FAX: 12081 375.6667 6 JAN 17 '97 16:40 AGE.02 0 STATE OF IDAHO S.S. COUNTYOF A ) ON THIS AY OFJ- SUORE M� THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SA4DZV-�rCTApENALLY APPEARED DENNIS M BAKER, KNOWN OR IDENTIFIED TO ME TO BE THE PRESIDENT OF B.W. INC., AN IDAHO CORPORATION THE CORPORATION THAT EXECTUTED THIS INSTRUMENT OR THE PERSON WHO EXECUTED THIS INSTRUMENT ON BEHALF OF SAID CORPORATION, AND ACKNOWLEDGED TO ME THAT SAID CORPORATION EXECUTED THE SAME. WITNESS WHEREOF. I HAVE HEREUNTO SET MY HAND AND AFFIXED My OFFICIAL Y AND YEAR ni THIS CERTIFICATION FIRST ABOVE WRITTEN, SEAL THE� TARY PUBLI 0R rDAHO RESIDING IN BO S „ IDAHO VBaOdE4X-PM'-ES- SAN 17 '97 16:40 , G-dd-199s a: 20 " I- K(" - v, wJ A.L kN iINMI G 1 208 :JS 9329 P.83ea •how" %L. ImR H wm— emNMN% W, s.. 1; Pais ► 9350 8tK1►N Court • doik. 14*0 ow c.. q• —�SeL ,x..12 w. M MW=4M • ROA xS-Mn C•wm op 0! r i i I 1se, 40I •i 1_ 7L38 I 1 Ur �r _ i ' �iW Sw 1'} . - 4 { i • I I t j --�— U8 7-7 1- �.! i------�{-- ; . I � _ jam.:. t •��' { _ ' _--�'•r•.L _ �. i , f — ; i � � f 'moi �_ (- :. '• ..L.1 � _ TWcL P-63 Proposed Conditional Use for the Meridian Middle School Academy List of Property Owners PARCEL NO. NAME S1108325402 Yanke / Tricon LLC S1108325404 Anderson Lumber Co. S1108325410 BW Inc. S1108325425 BW Inc. R5175520110 Layne of Idaho R5175520120 Doug Kissler R5175520130 M & H Developement R5175520140 Monterey Homes, Inc. R5175520010 Layne of Idaho R5175520020syn of Idaho R5175520030 r°LLC R5175520040 Layne of Idaho ,xM V frof e"-tres CLC- ADDRESS P.O. Box 5405 Boise, ID 83705 4700 Harrison Blvd. Ogden, UT 84403 250 Beachwood Dr., Ste. 120 Boise, ID 83709 250 Beachwood Dr., Ste. 120 Boise, ID 83709 P.O.Box 1005 Nampa, ID 83653 232 N.E. 9th Ave. Portland, OR 97232 19710 58th Pl. S. Kent, WA 98032 10348 Feeder Dr. Boise, ID 83709 P.O.Box 1005 Nampa, ID 83653 P.O.Box 1005 Nampa, ID 83653 2901 Powderhorn Ln. Eugene, OR 97408 P.O.Box 1005 Nampa, ID 83653 V40 4(A1L06e.d ©5dt, uT ,yYV3 'S-65- C 4v5j< a, 15;�5/e I.D 8.3 41 Jan -03-97 02:50P meridian real estatebl a 208 888 2775 P.0022 I.t.,,*.` REAL ESTATE PURL AND SALE AGREEMENT AND REC FOR EARNEST MONEY THIS fS A LEGALLY BINDING CONTRAC EAD THE ENTIRE DOCUMEM�, INCLUOINQ THE GENERAL AND ANY ATTACHMENTS. CARMULLY, BEFORE SIGNING tF YOU HAVE ANY OUESTION6, CONSULT rpuR ATTO VISION ON THE REVERSE SIDE 1. AGENCY 04CLOSURE. At the tithe a d ,J�EFORE SONINc. s'g^OV f agtnt working with the buyer r 2 and V+e agent workup with the seller represented 4 disclosure of w . Each pater sWft this documtnt cortfu 4 that prior written t agency as provided rohim/her n this trarKaetion- Eads party to Ifti9 transaction has reap and understands ata coetents a the e Previously reoeiMed. / agency dsClosure brochure 6 Listing Agettq i /� . ,le MLSe �l/v 9T S MLSA�/ �7 Listing Agent Nartte Mktg Agency 934 Pt►one fr MLSf1 Z7_ (�1/ Selling Ayant Name �-'—` e ZI MLSIl� 8 ID# 316006u"11111111111 Pte, °" 10 tn.r..rNte, case .).grw, w p»anp., .nd sus u^4«sipsq ayr..s b ae0 e - — dapfbsd rest sstsN Ywlsinaker prerrraask„pun OR 12 Legally deuYibed as- Im .. t I �U county Ip �_'�Z” l3 (A FULL AND COMPLETE LEGAL DESCRfPTgN IIAU$ ► BE tNSEpTED — ATTACHED PRIOR TO EXECUTION fill SELLLK Buyer hereby auatoriz@s Wr�Ater ro � 14 over his shgnabNe the Correct legal descriptiprt oi the premises if unavailable at the time Of risen 15 irroorrtpktel. sgnirg, or b coned the larval descriptwn preytd„ lty enWW 0 enortwa a 2 EARNEST MONEY. I(ibEames' Money s hereby ackrwwedgd IO11 ii' e—~� d`n-L' �n� Cash psonal s Check ❑ Nota Ou Q — --Z— G doYars )❑)s Money to be deposited in trust COW Cant uppn�OOsplance all patties and shay be held the benefit of ane parties hereto, mid `=}f sl,i�, � r �l by sting B►Wrer Seeing Broker for responsible for the eloafny. (broker) shag hold the ccfr*k ey fixeCuted broker $ Copy of ahia agnnmant end is (C) The parries agree that Title C shall Provide tilt or and rearm agency. for tris on shag be ° Y . M a -Pterin escrow / �Y report a crx«nitrnertt and the 'closing 911410 be Collection is involved. then the ear:row holder 3. TOTAL, pURLyIASE A- f (c—fir �--�'�-1'. ��'"�'DR�r�• s ronowa: DOLURS ta) s1-_Gslk"v`w'.Ntg irtCluding sbovs Eamast • tD) S M«tsY (Closing costs an adeikonaq. puratase price (M.I. P. riot 6hck+ded). 4. FINANCN O. Thisagres"We is uPW the Buyer securm the following ting: allA OVA �CONV MHA (]1 mH (a) New P6wtae¢ New awn as naMd above for a period of a wishing kian(s) 001her. rMrp side hereof).Buysr no more than points (Nus origin fee r any. --x' par arhrhkrrr. {n FHA or VA loan sought, read the &W"b% provisions on the fine lwV but not lo exceed try Sethi ao psi the disc D s necessary Ea�At n order ro obtain above described psi+r Any nducaon in pointe shall "list lo the herhNq a the Li9u r Usolier (b) Aesrreaygan Buyer E and ❑wr4 « ❑Coto notes npi+W 0' f« an fxISTINSi t PAN S a TRW of ow HaymeMa a y S nCludin9 ❑ P f ❑ T 01. This agreement Qdoes 0 — approxiniawyl ate, more than _ hsltl '99uira tender b release, SNier's ks6mry. apply fer such lisen or asel""pelm M* 611 (2) Weirton Btarhanpengr, P"emiset mW1 apP lies d Putd,ass price. a filar SaMr s acaptarhee d thle agnenwnt If an appraisal is required under Buyer's tiharhChny 6. T. 11=111111 5MCIFICALLY EXCLUDED IN THIS SALE:-_MOn!!r a• C'OST>f rA1D sY: Cwtr in addleen to �e fielad Oebw msy be inCwred r tender, Buyers a tttase Seaer's reserve aOCoum t hoar, by 8WOr thud Sera. unless otherwise agreed herein. or�rovr0e d b law tar r by Sea iNfn e 2 t on reverse ttida. assumption. Eugertded Coverage Title Policy requested Yes p No Addie a �� premium paid N regtrirod by tender or ottarwiee stated heroin, this below costs will be Paid as wxk* ed. Some costs su _ blaoa to loan Program regkliromerNS. Coals f` nue B A°°'a)'al 1 Aissum1 M well 1p aepeCLl :and�dCOd� I Celia I Nwowe, I Tib V -sell Cost a tartdrr «Cadanooks not to excesel tI S. CLOSING. on or fon aha n4 date. Buyer ants r shalt deposit with me cosi be fh than ng agency fit funds and inslruffift necessary to complete p1e sale. The gbsing data 41114111 Pummoomm r on closing err► - 'Losing• means the date on wrech as stprded a ag artd the sate documents ere raiVher we avaifeble to Seger_ Tares and water sstrtents ( tfte Iasi available asss"MMI as a basis), rents, da intense and reserves. gent' frrsarlbrartosts or obligations asr;uaw and uliti ids shall be prorated as of delemer" by the MkW§W at Seller's expense. Buyet $114111 pay f« fuel to tank. amount to be 11. ACCEPTANCE sayers one, is triads subject lo ate acceplanee of $~ on « before t2aSl o'efock mtanipha d Gs � It SeOer does not aoupt Uka agreement within fha time specified. the eMint Eamnl Money shag be rofrhded ro Buyer on demand. 0 SEE ATTACHED ADDENDWS) 12. SANAnws . i , / !1 , 141 - t7 16 19 20 21 22 23 24 25 26 27 29 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 s8 59 60 Jan -03- 7 02:50P meridian real estatebl a 208 888 2775 P.03 COUNTER OFFER # TMIa Is A LEGALLY aMOM CONTRACT. READ THE ENTW MM ATDOCUka"T, INCLUOM ANY ATTACMMENTS, CAREWiIY, eEF IHOI u a MWE ANY ODUTIOW CONSULT ATTORNEY Wror1E SXW MC. OM SMWQ. If YI: Q 2 This is a COUNTER OFFER to the Real Estate Purchase and Sale Agreement and Receipt for 4 Earnest Money Dated: D n c. .� '19 ID # ADDRESS: u 4-i. I=.a-t -L —I C -- —1 BUYER(S): SELLER(S): M Seller accepts all of the terms and conditions in the above designated agreement with the following changes Or amendments: 1L.3_lIl:L r1 t • _1 r_ i M a 9 10 II 12 13 14 is 16 17 d(I The herein agreement. upon its executionn.___..--- bY both Ra les. is made an integral part of the aforementioned Agreement. OTHER TERMS- All other terms and conditions to remain the same. RIGHT TO ACCEPT OTHER OFFM: Seller reserves the right to accept any other offer prior to Buyer's written acceptance of this counter offer. Acceptance shall not be effective until a Copy of this Counter Offer, dated and signed by Buyer, is personally received by the Seller or Seller's agent. EXPIRATION: This counter offer shall expire unless a copy hereof with Buyers written acceptance is delivered to Seller or Seller's agent on or before - l 2 _ o'clock n A.M. Qt PM., on c. 7 19 JL . Dated 19 Selle Time 402Q lP _ AM/PM Iar - -� The undersigned Buyers) accepts the above Cou ffer Dated 9: B Time : SSa w. AM� . Buyer .................. r ....... r ........... ................... --. COUNTER OFFER #I T Ib �AMi,. ar.. es...a.N ........:�. a...... w:.... �........I...ww:...• ' 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 36 36 37 38 R; 40 41 42 43 44 45 48 C 06 0Z O ooQ'nl� � 06 a ?dc m w00v e � N s > d Qi a 3 CL 11 O s u, o © dm m m s y N C a n �� _ O m D W W A CL O (p < O 06 a n O c Z x o � 'o _ d o cr N N 3 _ o � S 0 m A m V rVVh�+ wW m ko e C 06 0Z O ooQ'nl� � 06 a ?dc m w00v e � N s F - Ir -f"rz,:vj eocz 'r ---- -777M 3NIHOVN N 7 iii CD cli 883M N yj II cli LNJ --o •96 C9 I IAV 3NIHOV" N iii 01 40 883M N -A cn w to bd W it cv Q ON V NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on April 1, 1997, for the purpose of reviewing and considering the Application of Joint School District No. 2, for a Conditional Use Permit for land located in E'/, S Y, N'/, NW %, SW % of Section 8, T. 3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located at Locust Grove and Pine Avenue. The Application requests a Conditional Use Permit for construction of Meridian Middle School Academy on parcel to be zoned for Technical District (TE). A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 14th day of March, 1997. f �,..+ A,, WILLIAM G. BERG, JR., I CLERK VON l IOf` Wv1aINaW1 LL I 8 1 0, 3., 1 1 H b V� -looHOs a w aasododd utyoayf V wEl4�Ea'j b i MON wo"aaroOl o 1 i r --------- -----� I o -� ; � I , 1 II I �I I llll 1 i j --- ZZ i r I------------- j ° 1 I 1 i i j 1 1 , I i � j 1 1 1 I 1 1 'l i 1 0 46 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on February 11, 1997, for the purpose of reviewing and considering the Application of Joint School District No. 2, for a Conditional Use Permit for land located in E '/, S '/, N 1/2, NW %, SW % of Section 8, T.3N, RAE, Boise Meridian, Ada County, Idaho, and which property is generally located at Locust Grove and Pine Avenue. The Application requests a Conditional Use Permit for construction of Meridian Middle School Academy on parcel to be zoned for Technical District (TE). A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 24th day of January, 1997. WILLIAM G. BERG, JR., 46ITYCLERK BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION MERIDIAN JOINT SCHOOL DISTRICT NO. 2 CONDITIONAL USE PERMIT FOR A MIDDLE SCHOOL ACADEMY A PORTION OF THE EAST 1/2 SOUTH 1/2 NORTH 1/2 NORTHWEST 1/4 SOUTHWEST 1/4 OF SECTION 8 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO EAST OF LOCUST GROVE, SOUTH OF-PINE STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on February 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representative, Wayne Thowless, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to said public hearing scheduled on February 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 11, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property included in the application for the conditional use permit is described in the application, and by this FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit reference is incorporated herein as if set forth in full. The property is approximately 5.00 acres in size. 3. The Applicant is not the owner of record of the property. The record owner of the property is B.W. Inc• and it has consented to the application for the Conditional Use Permit. 4. The property is presently zoned by Ada County as RT, Rural Transitional, and is vacant land. The owner of the property, B.W. Inc., has submitted an application for annexation and zoning requesting the property be annexed into the City of Meridian and zoned (TE), Technical District. 5. Pursuant to the application and the accompanying letter from the Applicant's representative, Jim Carberry, the Applicant proposes the construction of a Middle School Academy, an alternative middle school, which is similar in concept to the Meridian Academy (high school). The proposed development will consist of a new parking lot and existing relocatable classroom building. The relocatable classroom building will be replaced in the future with permanent structures. The Applicant agrees to pay additional sewer, water or trash fees or charges associated with the proposed use of the property. 6. The Applicant's representative, Wayne Thowless, testified ' substantially as follows. The Applicant proposes the construction of a middle alternative school or academy on the property. The initial development will include a paved parking lot, and a complex of seven relocatable classroom buildings. These buildings will be brought onto the property and on footings, which is similar to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit initial construction of Meridian High School Academy at the end of Lanark Street. A future phase of the development of the property will be the construction of a permanent multi-use and classroom building. The very long range plan of the Applicant is to remove eventually all relocatable classroom buildings and replace them with permanent facilities. However, in the immediate future, the relocatable classroom buildings will remain at the property and one multi-use building will be constructed. Also, prior to the construction of the permanent building, two additional relocatable classrooms may be necessary. An athletic area and playing field will be behind the complex. 7. In response to questions of Commissioner MacCoy, the Applicant's representative, Wayne Thowless, testified that the Applicant has reviewed the staff's comments and it believes that it can comply with all of the stated conditions. However, there are several items which may involve some discussion between the Applicant and the City's staff none of which he believes are insurmountable. 8. In response to questions of Commissioner Borup, the Applicant's representative, Wayne Thowless, testified that the Applicant can easily incorporate bike parking in the plans for the development of the property. The students who will attend this particular facility will come from throughout the school district. There are few residential areas within an easy bicycling distance of the property. He does not know how much the bike racks would be used, but bike racks are not a costly item so some could be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit provided. He believes most of the students attending the facility will arrive by means of either parents or bussing. 9. In response to further questions of Commissioner MacCoy, the Applicant's representative, Wayne Thowless, testified that there will be pole mounted parking lot lights approximately 20 feet in height. There will be building mounted lighting for security purposes. If the central quad area within the relocatable classroom buildings is determined by an electrical engineer to be too large to adequately light and provide security by means of building mounted lights, there may also be a pole mounted fixture in that area. The pole lighting would definitely be cut-off luminaries which would direct the light downward. Based upon the indication of the Applicant's representative, Jim Carberry, there would be some evening functions held at the facility as at other school facilities; however, the primary use is during the day. With regard to the permanent structure, it would in all likelihood, as envisioned at the present time, be a building very similar to the building constructed at Meridian High Academy at the end of Lanark Street. The building is a masonry structure with a metal roof. The building looks as if it could be a two-story structure because it has a large multi -use room with a high ceiling in which basketball may be played; however, there is not a second floor. 10. In response to questions of Commissioner Oslund, the Applicant's representative, Wayne Thowless, testified that initially the future permanent structure will augment the relocatable classroom buildings. There may be a need for two FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit additional relocatable classroom buildings at the property. The permanent structure may be able to replace some of the relocatable buildings, but it would not replace all of them. An additional one or two permanent structures would be needed at the property to replace all of the relocatable classroom buildings. In the very long range plan, permanent buildings will replace the relocatable classroom buildings. 11. Commissioner Oslund commented that it ma 4a y'1 PPropriate to consider a requirement on the conditional use for a time period in which relocatable classroom buildings can be used forever to enable the City to review the decision at some date in the future. 12. In response to further questions of Commissioner MacCoy, the Applicant's representative, Wayne Thowless, testified that, with regard to a time frame for the construction of permanent buildings at the property, within the last year plans have been implemented to construct the permanent building at the Applicant's newly developed alternative school in Eagle. He thought that the Applicant's represenative, Jim Carberry, could better address the long range plans for replacement of the relocatable classroom buildings with permanent buildings. 13. Chairman Johnson commented, with respect to the use of relocatable classroom buildings, that such types of buildings have become of way of life for the Applicant due to the growth in the area, bond issues lagging behind, and the corresponding inability to keep up with construction of facilities. Not until some better method of funding school buildings is passed or provided by the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit legislature, relocatable classroom structures will probably be the way of life in the school district for a long time. 14. In response, Commissioner Oslund stated that he did not want his comment about a time period for the use of relocatable classroom buildings to be misconstrued.. He was simply trying to create options for the City for re-evaluating the conditions in the future. 15. The Applicant's representative, Jim Carberry, testified substantially as follows. No official name for this particular school or campus has been chosen; that will come at a later time. The Applicant is presently calling it the Meridian Middle School Academy. The Applicant presently holds the middle school alternative program at Meridian Middle School, which will move from Meridian Middle School to the property. Researchers and educational experts advise that alternative school programs function better at a separate location and out of the traditional school setting. It is the Applicant's desire to move the middle school alternative program. Only the School Board, for whom he cannot really speak, makes the decisions concerning the time table for the construction of permanent structures. The School Board also desires that the students move, as quickly as possible, into permanent settings. As the Applicant's representative, Mr. Thowless, indicated, the Applicant is currently preparing to construct this summer a permanent multi-classroom facility at Eagle Academy, and that facility has been open for only one year. So he can go as far as to say that the construction of permanent FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit facilities will occur in the very near future. In terms of the long range plans, the Applicant can foresee two additional classroom facilities to end the use of relocatable classroom facilities at the property. Relocatable classroom buildings are a way of life in the Applicant's district. It would like to construct permanent facilities at the property, so the relocatable classroom buildings could be moved to other sites throughout the district. He does not think the Applicant will ever get out of the use of relocatable classroom buildings, and neither will the Boise school district. 16. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted comments which comments are incorporated herein as if set forth in full. Their comments included the following. Sanitary sewer service for the property could possibly be from an extension of the existing sanitary sewer main located in North Locust Grove Road at the north boundary of Layne Industrial Park. The depth of this existing main, approximately 5.5 feet deep, may limit the serviceability of the property to this main. As an alternative, there is an existing 8 inch diameter main stubbed south in North Locust Grove Road from the existing 15 inch diameter trunk line located in Pine Street. The depth of this stub is approximately 15.5 feet deep. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by any proposed development. Water FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit Service for this development shall be from an existing 10 inch diameter main located on North Locust Grove Road. Water service to this development is contingent upon positive results from a hydraulic analysis of the City's computer model. Any existing irrigation/drainage ditches within the property to be included in this project shall be tiled per City Ordinance 11-9-605 M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Downstream water users have indicated they have a problem getting their water because of weeds and construction dirt from Layne Industrial Park being in the ditch. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. A surety will be secured for any uncompleted improvements prior to the issuance of a temporary Certificate of Occupancy. Coordination of the fire access and hydrant locations must be done in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies. Fire hydrant locations shall be depicted on development plans. Handicap parking, associated signage and building construction shall meet the requirements of the Americans With Disabilities Act. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. All signs are subject to review and approval of the Planning & Zoning Department. No sign shall be erected unless FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit a sign permit has been issued. Screened trash enclosures are to be Provided in accordance with City Ordinance. Coordination of dumpster site locations must be done with the City's solid waste contractor. Dumpsters must be located so as not to impede fire access. All driveways and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and accesses are unacceptable. A drainage plan designed by a state of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. Parking lot lighting plans shall be provided to the Meridian Public Works Department. Illumination of the site shall be designed so as not to cause glare or adversely impact neighboring properties as determined by the City of Meridian. All landscaping is to meet the.requirements of Ordinance Section 11-2-414 D 2. Underground sprinkling and a minimum of one three inch caliper tree per 1,500 square feet of asphalt is required by City Ordinance. Detailed landscape plans will be -reviewed during the building permit approval process. A minimum of 20 feet landscape setback should be required on Locust Grove. A non-combustible, six feet high permanent perimeter fencing shall be installed prior to obtaining building permits unless this requirement is specifically waived in writing by the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit 17. The Meridian Police Department submitted comments on the subject application which comments are hereby incorporated herein as if set forth in full. 18. The Meridian Fire Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included that all codes will need to be met; that fire hydrants will need to be installed; and that it will need access to the back buildings. 19. The Ada County Highway District submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included that 35 feet of right-of-way from the existing centerline of Locust Grove Road abutting the property (an additional four feet) be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to the issuance of a building permit or other required permits, whichever occurs first; that the owner will not be compensated for the additional right-of-way; that approximately 330 feet of curb and gutter, 5 feet wide concrete sidewalk and pavement widening to a 41 feet street section on Locust Grove Road (approximately 19 feet of additional pavement) abutting the property be constructed prior to the District's approval of the final plat, or issuance of a building permit or other required permits, whichever occurs first; the street improvements of Locust Grove Road be aligned with the existing improvements to the south; that the irrigation ditch be relocated out of the new right-of-way of Locust Grove Road; that utility street cuts in new pavement less FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit than five years old are not allowed unless approved in writing by the District; that two 24 to 30 feet wide curb cut driveways be constructed on Locust Grove Road, located as proposed, one being approximately 10 feet north of the south property line and the other being approximately 10 feet south of the north property line; that the driveways be paved a minimum of 30 feet back of the existing edge of pavement of Locust Grove Road; that, as required by District policy, restrictions on the width, number and locations of driveways shall be placed on future development of the property; and that other than the access points specifically approved with the application, direct lot or parcel access to Locust Grove Road is restricted. 20. The Ada Planning Association submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included, but are not limited to the following: that sidewalks be constructed on Locust Grove Road fronting the development; that a sidewalk system be developed from the Locust Grove sidewalk to the school buildings; that bicycle parking be provided on-site in a well -lit and visible area for safety; and that four bicycle parking spaces be provided per classroom. 21. Central District Health Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve the proposal for central sewage and central water; that FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality for central sewage and central water; that street runoff is not to create a mosquito breeding problem; that it will require plans be submitted for a plan review for any food establishment and beverage establishment; and that it recommends stormwater run-off flow to a grassy swale prior to discharging to the subsurface. 22. The Nampa & Meridian Irrigation District submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included that the District requires a Land Use Change/Site Development application be filed for review prior to final platting; that all laterals and waste ways must be protected; that all municipal surface drainage must be retained on-site; that if any surface drainage leaves the site, the District must review.drainage plans; that the Applicant must comply with Idaho Code Section 31-3805; and that it is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. 23. There were no other comments by the public regarding this application. CONCLUSIONS OF LAW 1• All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit 2• The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4• The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5• Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6• This Application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit record submitted to it and the things of which it may take judicial notice. 7. Section 11-2-418(C) of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a• Pursuant to the conditions for the annexation of the property a conditional use permit would be required; b• The use would be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance; C. The use is designed and is, apparently, to be constructed so as to be harmonious in appearance with the character of the general vicinity. If the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; however, traffic may increase, but the development will have a vehicular approaches to the property which shall be designed to decrease interference with traffic on surrounding public streets; e. The Applicant shall be able to provide adequately for the essential public facilities and services such as streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but Applicant may have to pay additional fees for the use; f• The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit 9. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The Applicant will cause the property to have vehicular approaches which shall be designed as not to create an interference with traffic on surrounding public streets, and sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. Since conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to another property; b. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; C. The Applicant shall meet the comments, recommendations and requirements of the City Engineer's office and the Planning and Zoning Administrator, which include, but are not limited to the following: (1) Sanitary sewer service for the property could possible be provided from an extension of the existing sanitary sewer main located in North Locust Grove Road at the north boundary of Layne Industrial Park; however, the depth of this existing main may limit the serviceability of the property to this main. Alternatively, sanitary sewer service for the property could be provided from the existing 8 inch diameter main stubbed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit south in North Locust Grove Road from the existing 15 inch diameter trunk line located in Pine Street; (2) The approval of this application for the conditional use permit is contingent upon the City's ability to accept additional sanitary sewage generated by the proposed development based upon the current evaluation of the treatment capacity of the Meridian Wastewater Treatment Plant; (3) Water Service for this development shall be from an existing 10 inch diameter main located on North Locust Grove Road; (4) Water service to the property is contingent upon Positive results from a hydraulic analysis by the City's computer model; (5) Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605 M., and plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; (6) Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7- 517; (7) Wells may be used for non-domestic purposes such as landscape irrigation; (8) A surety shall be secured for any uncompleted improvements prior to the issuance of a temporary Certificate of Occupancy; (9) There must be coordination of fire access and hydrant location in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies; (10) Fire hydrant locations shall be depicted on development plans; (11) Handicap parking, associated signage and building construction shall meet the requirements of the Americans With Disabilities Act; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit (12) All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance; (13) All signs are subject to review and approval of the Planning and Zoning Department; (14) No sign shall be erected unless a sign permit has been issued; (15) Screened trash enclosures shall be provided in accordance with the City's ordinance; (16) There shall be coordination of the dumpster site locations with the City's solid waste contractor; (17) Dumpsters shall be located so as not to impede fire access; (18) All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District; (19) Graveled driveways, parking areas and accesses shall be unacceptable; (20) A drainage plan designed by a state of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer for all off-street parking areas; (21) All site drainage shall be contained and disposed of on-site; (22) Plans for the parking lot lighting shall be provided -to the Meridian Public Works Department; (23) Illumination of the site shall be designed so as not to cause glare or adversely impact neighboring residential properties, as determined by the City; (24) All landscaping is to meet the requirements of Ordinance Section 11-2-414 D. 2.; (25) Underground sprinkling and a minimum of one three- inch caliper tree per 1,500 square feet of asphalt is required pursuant to City ordinance; (26) A detailed landscape plan shall be prepared and presented to the City for review during the building permit approval process; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit (27) A minimum of 35 feet landscape setback shall be required along Locust Grove Road; and (28) A six foot high, non-combustible, permanent perimeter fencing shall be installed prior to obtaining building permits unless this requirement is specifically waived in writing by the City. d• The Applicant must meet and comply with the comments, recommendations and requirements of the Meridian Police Department; e• The Applicant must meet and comply with the comments, recommendations and requirements of the Meridian Fire Department, which include, but are not limited to the following: (1) All �l-j codes shall be met; (2) Fire hydrants shall be installed; and (3) Access to the back buildings shall be provided. f• The Applicant must meet and comply with the comments, recommendations and requirements of the Ada County Highway District, which include, but are not limited to the following: (1) The Applicant dedicate 35 feet of right-of-way from the existing centerline of Locust Grove Road abutting the property, an additional four feet, by means of recordation of a final subdivision plat or execution of a warranty deed prior to the issuance of a building permit or other required permits, whichever occurs first; (2) The Applicant construct approximately 330 feet of curb and gutter, 5 feet wide concrete sidewalk and pavement widening to a 41 feet street section on Locust Grove Road, approximately 19 feet of additional pavement, abutting the property prior to the District's approval of the final plat, or issuance of a building permit or other required permits, whichever occurs first; (3) The Applicant align or cause to be aligned the street improvements of Locust Grove Road with the existing improvements to the south; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit (4) The Applicant relocate or cause to be relocated the irrigation ditch out of the new right-of-way of Locust Grove Road; (5) Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District; (6) The Applicant construct two 24 to 30 feet wide curb cut driveways on Locust Grove Road, located as proposed, one being approximately 10 feet north of the south property line and the other being approximately 10 feet south of the north property line; (7) The Applicant pave the driveways a minimum of 30 feet back of the existing edge of pavement of Locust Grove Road; (8) Restrictions on the width, number and locations of driveways is placed on future development of the Property; and (9) Other than the access point(s) specifically approved by Ada County Highway District, direct lot or parcel access to Locust Grove Road shall be restricted. g. The Applicant must meet and comply with the comments, recommendations and requirements of the Ada Planning Association and the Central District Health Department. h. The Applicant must meet and comply with the comments, recommendations and requirements of the Nampa & Meridian Irrigation District, which include, but are not limited to the following: (1) The Applicant shall file a Land Use Change/Site Development application for review by the District prior to final platting; (2) The Applicant shall protect all laterals and waste ways; (3) All municipal surface drainage shall be retained on-site; (4) If any surface drainage leaves the site, the District must review drainage plans; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit (5) The Applicant shall comply with Idaho Code Section 31-3805; and (6) The District recommends that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. i• All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements. 9• The above -conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is recommended that if the Applicant meets the conditions stated above, that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER MACCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED / VOTED 14 VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit DECISION AND RECOMMENDATION The Planning and Zoning. Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this —Z—E:!--day of 1*, COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR .CORRIE (TIE BREAKER) (INITIAL) APPROVED —U DISAPPROVED VOTED VOTED VOTEDtYy_ Q VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - eap z - y . o �/ `ice � / ./ O_ / 11 I May 25, 1999 Bob Corrie: MAY 2 6 1999 CIT`' OF MID 1)1, 'N RECE��E MAY 1.5 1999 AaaiD4 Enclosed is copy of Meridian City Ordinance #756 and approval of associated conditional use permit. Where is the Ordinance granting Joint School District #2 waiver from the same requirements, as now being reported by some people on City stafV. If you would like, I would offer to meet with you where we can discuss a way out for you and protect your good character. I will not allow the school district an out since they have spent more than 8 months destroying my good character because the district believes they are above the law, expecting the City to ignore all laws and rules and they do not use common sense, logic or good judgement, all to the determent of the students. My efforts are just for the children, not anything else. The issue(s) are not going to go away and might get worst. Maybe after some thought, you will give me a call. You know my number. 3�y-2�1 i I Greg Ruddell i Merdian City Council April 15, 1997 Page 12 MOTION CARRIED: All Yea ITEM #5: ORDINANCE #756 - ANNEXATION/ZONING TO T-E/B.W. INC.: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE E'/2 SOUTH — NW N SW N OF SECTION 8 T. 3N. R. lE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. This is an ordinance on the B.W. Inc. Is there anyone from the audience that would like to have Ordinance #756 read in its entirety'— Hearing none I will entertain a motion on Ordinance #756. Bentley: Mr. Mayor, I move we adopt Ordinance #756 with a suspension of rules. Tolsma: Second Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma to approve Ordinance #756 with suspension of rules, roll call vote. ROLL CALL VOTE: Tolsma - Yea, Rountree - Yea, Bentley - Yea, Morrow -Yea MOTION CARRIED: All Yea ITEM —6: TABLED APRIL 1, 1997: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF MERIDIAN MIDDLE SCHOOL ACADEMY BY JOINT SCHOOL DISTRICT NO. 2: i1F.e co?9,rn Corrie: Council, discussion, pleasure? � Morrow:. Refresh my memory, I am looking to see why we table that from before? Rountree: We needed the annexation. Morrow:. And the annexation was just completed by what we adopted. Mr. Mayor, I would move that we approve the Conditional use permit for the construction of Meridian Middle School Academy by Joint School District No. 2. Rountree: Second Corrie: Discussion, Counselor, do we' approve the findings of fact and conclusions of law, I don't think we did. Morrow: We did, if memory serves me we tabled this just for the technicality of the ordinance adoption. Meridian City Council April 15, 1997 Page 13 Corrie: Any further discussion? The motion has been made that we approve the conditional use permit for Meridian Middle School Academy by Joint School District No. 2, all those in favor?. Opposed? MOTION CARRIED: All Yea ITEM #7: ORDINANCE #757 REZONE FROM R-4 TO L-O/CURRY BRANDAW ARCHITECTS (PRESTIGE CARE): Come: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF A CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE E/2 SW — OF SECTION 2, T.3N, R.1 W. B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #757 (End of Tape) This is for the Prestige Care. Council? Rountree: Mr. Mayor, I move that we approve ordinance #757 with suspension of rules. Bentley: Second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley that we approve Ordinance #757 with suspension of rules, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow- yea, Bentley -Yea, Rountree - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM --8: ORDINANCE #758 - VACATION OF SEWER EASEMENTBERTA NEEL (NAPA AUTO PARTS): Corrie: AN ORDINANCE VACATINGA SEWEREASEMENT RECORDED AS INSTRUMENT NUMBER 394683 INAPORTION OF LOT 12, TAYLOR SUBDIVISION, B.M. ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #758 read in its entirety. Seeing none I will entertain a motion for Ordinance #758. Tolsma: Mr. Mayor I would move we approve Ordinance #758 with suspension of the rules. Rountree: Second Corrie: Motion made by Mr. Tolsma, second by Mr. Rountree to approve Ordinance #758 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow- Yea, Bentley -Yea, Rountree -Yea, Tolsma - Yea MERIDIAN CITY COUNCIL AGENDA TUESDAY, APRIL 15, 1997 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD APRIL 1, 1997: (APPROVED) TABLED APRIL 1, 1997: REQUEST FOR A REZONE OF APPROXIMATELY 9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS: (TABLED UNTIL MAY 6, 1997) 2. ORDINANCE #754 - ANNEXATION/ZONING TO I-UMURASKO: (APPROVED) 3. ORDINANCE #755 - ANNEXATION/ZONING TO 1-UPROPERTIES WEST: (APPROVED) 4. PUBLIC HEARING CONTINUED FROM APRIL 1, 1997: REQUEST FOR A PRELIMINARY PLAT FOR MEDIMONT SUBDIVISION BY PROPERTIES WEST: (APPROVE SUBJECT TO CONDITIONS) 5. ORDINANCE #756 - ANNEXATION/ZONING TO T-E/B.W. INC.: (APPROVED) 6. TABLED APRIL 1, 1997: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF MERIDIAN MIDDLE SCHOOL ACADEMY BY JOINT SCHOOL DISTRICT NO. 2: (APPROVED) 7. ORDINANCE #757 - REZONE FROM R-4 TO L-O/CURRY BRANDAW ARCHITECTS (PRESTIGE CARE): (APPROVED) 8. ORDINANCE #758 - VACATION OF SEWER EASEMENT/BERTA NEELY (NAPA AUTO PARTS): (APPROVED) 9. ORDINANCE #759 - VACATION OF EASEMENT/PACIFIC LAND SURVEYORS: (APPROVED) 10. SITE PLAN REVIEW: FAMILY PHYSICIANS OF MERIDIAN LOCATED AT TEN MILE ROAD AND CHERRY LANE: (APPROVE SITE PLAN) 11. REQUEST FOR A CONDITIONAL USE PERMIT FOR A GENERAL COMMERCIAL USE BY HUNTER INVESTMENTS INC.: (APPROVE FINDNGS; APPROVE CONDITIONAL USE PERMIT) 12. REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY FOR 13+ CHILDREN BY RHONDA WILLIAMSON: (APPROVE FINDINGS; APPROVE CONDITIONAL USE PERMIT) 13. REQUEST FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE EMISSION TESTING STATION BY JOSEPH HANSON (IDAHO AIR): (APPROVE FINDINGS; APPROVE CONDITIONAL USE PERMIT) 14. REQUEST FOR A PRELIMINARY/FINAL PLAT FOR TEN MILE SQUARE BY ALBERTSON'S INC.: (APPROVE WITH CONDITIONS) 15. DEPARTMENT REPORTS: A. GARY SMITH, CITY ENGINEER: 1. PRIMARY CLARIFIER PROJECT - TEMPORARY POWER: (APPROVED) 2. NAMPA MERIDIAN IRRIGATION DISTRICT LICENSE (APPROVED) AGREEMENT ADDENDUM - EIGHT MILE LATERAL CROSSING: (APPROVED) 3. ENGINEERING AGREEMENT FOR 2 MILLION GALLON WATER TANK (APPROVED) 4. ARCHITECTURAL AGREEMENT - SPACE PLANNING STUDY: B. SHARI STILES, PLANNING & ZONING ADMINISTRATOR: 1. DOUG AND LONNIE HILL: ITINERANT MERCHANT PERMIT: 2. BEDFORD PLACE NO. 3: CONNECTION OF PATHWAY: C. RON TOLSMA, CITY COUNCILMAN: 1. BSU STUDY OF CITY/RURAL FIRE DEPARTMENT SPLIT: (APPROVED $250 FOR STUDY) D. WILL BERG, CITY CLERK: 1. CLARIFICATION ON APPROVAL OF BYRON SMITH: (AMEND MOTION TO BEGIN APOINTMENT APRIL 15, 1997) 16. EXECUTIVE SESSION: ORDINANCE NO. 75-6 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE EAST 1/2 SOUTH 1/2 NORTH 1/2 NORTHWEST 1/4 SOUTHWEST 1/4 OF SECTION 8 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of vthe City C'of Meridian, Idaho, have concluded that it is in the best intereet=pf said City to annex to the said Cit `r City real property;., 'which - 'is is ' - described in Section 1 below: q7 D : so NOW, THEREFORE, BE IT ORDAINED by the Mayo$74' (�j3t �GoiicEft � y;, of the City of Meridian, Ada County, Idaho: :_ / Section 1. That the real property described as: A parcel of land being a portion of the E 1/2 S 1/2 N 1/2 NW 1/4 SW 1/4 of Section 8, Township 3 North, Range 1 East, BM, Ada County, Idaho, more particularly described as follows: Commencing at the West 1/4 corner of said Section 8; Thence S 00'00104" E, along the West line of said Section, a distance of 662.76 feet to the SW corner of the N 1/2 NW 1/4 SW1/4 of said Section 8; Thence N 89°38,29" E, a distance of 662.20 feet to the SW corner of the E 1/2 S 1/2 N 1/2 NW 1/4 SW 1/4 of said Section, THE REAL POINT OF BEGINNING, Thence N 00001107" E, along the East side of Locust Grove Road, a distance of 331.33 feet; Thence N 89038,40" E, a distance of 657.47 feet; Thence S 00002132" W, a distance of 331.30 feet to the North boundary of Layne Industrial Park Subdivision; Thence S 89038129" W, along said North boundary a distance of 657.33 feet, to the REAL POINT OF BEGINNING, containing 5.00 acres of land, more or less. is hereby annexed to the City of Meridian, and shall be zoned TE ORDINANCE - B.W. INC. Page 1 Technical District; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that the Applicant shall pay any impact development fee or transfer fee adopted by the City of Meridian as a condition of annexation and if not paid the land shall be de - annexed; the land may only be developed under the conditional use process. Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. C. That the development shall be aesthetically maintained with a 35 -foot setback for landscaping along any arterial roads. d. That, as a condition of annexation, the Applicant shall enter into a development agreement as authorized by 11-2- 416 L and 11-2-417 D; that the development agreement shall address the following, among other items: 1. Inclusion into the subdivision of the requirements of 11-9-605, of the Revised and Compiled Ordinances of the City of Meridian. 2. The Applicant and owners of the property, and if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact development fee or transfer fee adopted by the City. e. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements. ORDINANCE - B.W. INC. page 2 f. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. 9. That if these conditions of approval are not met the property shall be subject to de -annexation. h. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law, and meet the Ordinances of the City of Meridian. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subject to de -annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 15'— day of April, 1997. APPROVED: Y R -�--BO J C 0 R R I E ORDINANCE - B.W. INC. Page 3 ATTEST: WILLIAM G. BERG, JR. STATE OF IDAHO,) : ss. County of Ada, ) f: 10061k, 1, fes i r A SEAL s i I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE EAST 1/2 SOUTH 1/2 NORTH 1/2 NORTHWEST 1/4 SOUTHWEST 1/4 OF SECTION 8 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. 7-56 by the City Council and Mayor of the City of Meridian, on the l5 day of April, 1997, as the same appears in my office. DATED this �-- d`aytttc�PttA1, 1997 . or - w. BEAL "t-yrk, City of e d an Alia County, Idaho r,? STATE OF IDAHO, 1� • P 83. ���it "�1Y i 1 • ������` County of Ada, ) 1,1j1J++++tttatat� On this %#7day of April, 1997, before me the undersigned, a Notary Public n and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal tie day and year in this certificate first above +.,# written . `.� G E I , *.,,� s. SEAL UB L\G ORDINANCE to PubliL< for Idaho si ing at Meridian, Idah ommission Expires a o� Page 4 1 1 I , I 1 , i I I S � 11 $ i i (� •„per 1 1 1 i 11 o I I I D i z 1 u I II +9D ----------------- i 1 1 111 ..e j 1 �: ? i� —vl•1 �::• 1"r a�='--all - F - V t6 , 1 1 1 III I T� Mr Ili f � N � � 1 1 "° �� �-•..� _ It I '• I : I to ( J '0 � r I ; .. _. .,; y _ _ I 1 1: r u� � i N S. FO"x2'32 •ty, , ; _ . - " �� a �• 1 CF# u I ; 1 , 1 , v I i 1 i I -4 1 I I �•I ! 1 III I 1 m + I I I IliI ' I r 11 1 1 Q 1 I I I ;, CA I I I Ili I 1 I I 11� _I L II I G 1 111111 1 1 I I I I II i , III-•--- i I I I Ili 1 1 1 I I I I I I- TM O As' 1 1 I I ---------------- I 1 ' � L i• iia#>2 - v � �� • I I II 1 I I t. �t:s1 1 1 Iz�Q Meridian City Council April 1, 1997 Page 22 ROLL CALL VOTE: Morrow — Yea, Bentley — Yea, Rountree — Yea, Tolsma — Yea MOTION CARRIED: All Yea Corrie: Entertain a motion on the decision. Rountree: Mr. Mayor, I move that it is decided that the application for the variance of a 30 foot setback on Ten Mile Road in effect is approved. The application should allow a 25 foot setback on Ten Mile Road and the front setback shall be at that distance. Tolsma: Second Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma on the decision as read, all those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE BREAK ITEM #6: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 5 ACRES TO T -E BY B.W. INC.: Corrie: At this time Morrow: Sorry to interrupt but I do own property within a 300 foot radius so if the Council sees a conflict I will stand down. Rountree: 1 don't see a conflict personally Corrie: Any further comments, anyone see a conflict? Hearing none, the Council is agreed there is no conflict of interest. I will open the public hearing and invite the applicant to speak first. Dan Torfin, 250 South Beechwood, Boise, was sworn by the City Attorney. Torfin: Mr. Mayor, members of the Council the request before you tonight is a request for annexation and zoning of a 5 acre parcel located on the north side of Layne Industrial on the east side of Locust Grove Road. The request is submitted to you to facilitate the development of the Meridian School District Middle School Academy. With that presentation I will welcome any questions. Corrie: Any questions from the Council? Anyone else from the public that would like to issue testimony on this? Seeing, none Council I will close the public hearing. Council questions of staff? Meridian City Council April 1, 1997 Page 23 Morrow. Mr. Mayor I would move that we adopt the findings of fact and conclusions of law as prepared for us by the Planning and Zoning Commission. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Tolsma to adopt the findings of fact and conclusions of law as prepared by the Planning and zoning Commission, any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley — Yea, Rountree — Yea, Tolsma — Yea MOTION CARRIED: All Yea Corrie: The decision? Morrow: Mr. Mayor, the City Council of the City of Meridian approves the annexation and zoning under the conditions set forth in these findings of fact and conclusions of law including that the applicant or its successors, interested, assigns, heirs, executors or personal representative enter into a development agreement and the property only be developed under the conditional use process. If the applicant's are not agreeable with these findings of fact and conclusions of law and they are not agreeable with entering into a development agreement the property should not be annexed. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma on the decision as read, any further discussion? Hearing none all those in favor of the decision? Opposed? MOTION CARRIED: All Yea Morrow. Mr. Mayor I would move that we instruct the City Attorney to prepare an annexation ordinance. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley that we instruct the City Attorney to draw up an ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF MERIDIAN MIDDLE SCHOOL ACADEMY BY JOINT SCHOOL DISTRICT NO. 2: Meridian City Council April 1, 1997 Page 24 Corrie: I will open the public hearing and invite the representative from Joint School District No. 2 to come forward. Wayne Thowless, 1735 Federal Way, Boise, was sworn by the City Attorney Thowless: Mr. Mayor, members of the Council on behalf of the Meridian School District we are here to request approval of a conditional use allowing construction of a middle school academy or alternative school at the subject property. As you can see it is the school district's intent to place 7 relocatable classroom buildings and a small office building in addition to that on the site. The very long range plan would be to replace those relocatable classroom buildings with permanent structures. There is no specific time frame to do so at this point in time. The site in addition to the relocatble class rooms would consist of a paved parking lot, a bus and vehicular drop off and pick up area for students and also a grass playing field. The site would be fully fenced and I would be happy to entertain any questions you might have. Corrie: Council, questions? Anyone else from the public would like to issue testimony on this subject. Hearing none I will close the public hearing, Council discussion? Morrow: I have a technical question for the City Attorney, my question would be is that until we have the annexation ordinance adopted can we grant the conditional use? Crookston: No you can't, you have no jurisdiction over it yet. Morrow. So the appropriate course of action would be to table (inaudible). Crookston: That is correct. Bentley: Mr. Mayor I would make a motion that we table the request for the CUP for the Meridian Middle School Academy until April 15th. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to table the request for conditional use permit to April 15, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Jim (inaudible) Carberry: Mr. Mayor, members of the Council my only question was really to our architectural firm I was trying to remember what, when we were going to try to open bids on this project and what that would do to with our time schedule. (Inaudible) Meridian City Council April 1, 1997 Page 25 Morrow: Part of the answer is that it is a formality, I don't think that there is any opposition, certainly not from my standpoint. I am not speaking for the rest of the Council it is a matter of procedural timing and formality. I guess from my perspective is that if you have a bid opening scheduled take it and run with it if you are comfortable with our position. Carberry: Very comfortable with your position. Crookston: I would advise though that Mr. Morrow is stating that at his own risk (Inaudible) ITEM #8: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF EXPANDED BLEACHER SEATING, ACCESSORY STRUCTURES, AND MOVING OF TWO RELOCATABLE CLASSROOMS BY JOINT SCHOOL DISTRICT NO. 2: Corrie: I will open the public hearing and invite the School District's representative. Wayne Thowless, 1735 Federal Way, Boise, was sworn by the City Attorney. Thowless: Mr. Mayor, members of the council on behalf of the Meridian School District we are here to request conditional use approval of expanded bleacher seating at Meridian High School. The present bleachers at the varsity football field and track seat approximately 380 people. It is the district's wish to be able to hold home varsity football games at that location. For that reason needs expanded seating to accommodate 3416 is the design capacity of the structures to be built on both the home side or the south side of the field and the north side or visitors side of the field. In conjunction with the bleacher seating itself additional fencing will be provided for crowd control, perimeter fencing on the north side of the site will be added. To relocatable classroom buildings that are presently on the south side of the football field are planned to be moved to the south side of the property. Some right of way improvements in accordance with ACHD conditions are planned along Linder Road on the east side of the site. As a separate project the Meridian Boosters are planning a two story press box and concessions building on the south side of the field which would be the home side. That too is shown on the site plans you should have before you. I am going to go over and change the drawing from the overall site plan to the plan in the immediate vicinity of the track and football field and would stand for any questions. Corrie: Questions from Council? Tolsma: I have one, how are the restroom facilities are they going to be constructed on both sides of the ball field? Thowless: There are no rest rooms proposed to be constructed at this time in conjunction with the project. The high school BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION B. W. INC. APPLICATION FOR ANNEXATION AND ZONING A PORTION OF THE EAST 1/2 SOUTH 1/2 NORTH 1/2 NORTHWEST 1/4 SOUTHWEST 1/4 OF SECTION 8 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO EAST OF LOCUST GROVE, SOUTH OF PINE STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing on for public hearing on February 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representative, Dan Torfin, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 11, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. B.W. Inc. 2. The property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 5.00 acres in size. 3 The property is presently zoned by Ada County as RT, Rural Transitional, and is vacant land. The Applicant requests the property be zoned (TE), Technical District. The Applicant has requested the annexation and this zoning, and the application is not at the request of the City of Meridian. 4. The property is presently vacant. The proposed use of the property is as a Meridian Academy Alternate Middle School for Meridian Joint School District No. 2. 5. The property is east of Locust Grove, south of Pine Street and borders an existing industrial subdivision, Layne Industrial Park. 6. The Ada County Highway District has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 7. Bruce Freckleton, Assistant to the City Engineer, submitted comments which comments are incorporated herein as if set forth in full. His comments included that the legal description submitted with the subject application appears to meet all of the criteria required by Meridian City Resolution #158, and the Idaho State Tax Commission; that sanitary sewer service for the parcel could possibly be from an extension of the existing sanitary sewer FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. B.W. Inc. main located in North Locust Grove Road at the north boundary of Layne Industrial Park; that the depth of the existing main, approximately 5.5 feet deep, may limit the serviceability of this parcel to this main; that as an alternative, there is an existing 8 inch diameter main stubbed south in North Locust Grove Road from the existing 15 inch diameter trunk line located in Pine Street; that the depth of this stub is approximately 15.5 feet deep. The treatment capacity of the Meridian Wasterwater Treatment Plant is currently being evaluated; that approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by any proposed development; that water service for this development shall be from an existing 10 inch diameter main located on North Locust Grove Road; and that water service to this development is contingent upon positive results from a hydraulic analysis by the City's computer model. 8. The Planning and Zoning Administrator has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 9. The Meridian Fire Department, Meridian City Police Department, and Nampa & Meridian Irrigation District submitted comments which respective comments are incorporated herein as if set forth in full. 10. Central District Health Department submitted comments which comments are incorporated herein as if set forth in full. Its comments included that after written approval from appropriate FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. B.W. Inc. entities are submitted, it can approve this proposal for central sewage and central water. 11. The Applicant's representative testified that this application is for the annexation and zoning of the property, a five acre parcel, located on the north side of Layne Industrial Park on the east side of Locust Grove. The application is submitted to facilitate the development .of the Meridian Joint School District's middle school academy. 12. There were no other comments by the public regarding this application. 13. The property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 14. The property requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan and in the Meridian Area of Impact. 15. The property can presently be physically serviced with City sewer and water. 16. The following pertinent statements are made in the Meridian Comprehensive Plan under SCHOOL FACILITIES, Quality Education Goal Statement. Enrollment Goal Statement Because the quality and use of educational facilities available to every group of citizens in the community significantly affects the quality of life in Meridian and the area's ability to attract quality development, and because quality education is an important economic factor in the area, the community FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. B.W. Inc. seeks to develop new school facilities and expand programs as needed to serve community enrollment growth. Enrollment Policies 2.1U Routinely educate and update the public on the need to finance new school facilities and programs in the Meridian School District and create new legislative funding programs. School Siting Goal Statement School and subdivision developments will be jointly planned and sited to ensure mutual benefits and neighborhood identity. Siting Policies 3.1 Schools should be planned with two concerns in mind: a. Schools should be protected from incompatible uses; and, (sic) b. Elementary and internediate primary schools should be the focal point of community development. 3.2 School sites should be selected to avoid limiting physical features and other hazards detrimental to the safety of children and to the general operation of the school. 3.4 School sites should be large enough to accommodate possible future building expansion and recreation needs. 3.7 Widening and the general upgrading of streets should not be considered when it will have a negative impact upon schools. 3.8 Secondary schools (junior and senior high schools) should have direct access onto a collector or minor arterial thoroughfare. COMPREHENSIVE PLAN CITY OF MERIDIAN at pages 13 - 14. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. B.W. Inc. 17. In the Meridian Comprehensive Plan under TRANSPORTATION, Locust Grove, Franklin to Ustick is designated as a Minor Arterial. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 43. In the Meridian Comprehensive Plan under TRANSPORTATION, Pine, Ten Mile to Locust Grove is designated as a Collector. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 44. 18. The property is included within an area designated on the Generalized Land Use Map at page 4 of the COMPREHENSIVE PLAN CITY OF MERIDIAN as Mixed / Planned Use Development. 19. The requested zoning of (TE) Technical District is defined in the Zoning Ordinance at 11-2-408 B. 13. as follows: _(TE) Technical Industrial: The purpose of the (TE) District is to permit and encourage the development of a technological park, including research and development centers, vocational and technical schools and compatible manufacturing, and wholesale business establishments which are clean, quiet and free of hazardous materials and that are operated entirely or almost entirely within enclosed structures; to delineate an area of adequate size to accommodate present and future compatible needs on lands which are relatively free of improvements, well suited for such use because of location, topography, access and utility service potential, and relationship to other land uses could render the district infeasible for its intended use. The District must have direct access on two or more transportation arterial or collectors, designed to convey large volumes of traffic through non- residential areas to major highways and thoroughfares. It must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian for domestic requirements. The district is further designed to act as a buffer between industrial and highway uses and other less intensive business and residential uses, and to provide an environmentally pleasing, safe and aesthetically pleasing employment center for the community and region. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. B.W. Inc. 20. Proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners. of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to annex land pursuant to Idaho Code Section 50-222 and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian. The exercise of the City's annexation authority is a legislative function. 3. The Planning and Zoning commission has judged this annexation and zoning application under Idaho Code Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it may take judicial notice. 4. All notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. B.W. Inc. 7. The annexation application has been initiated by the Applicant, and is not upon the initiation of the City of Meridian. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d. 1075 (1983). 9. The development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements; Section 11-9-605 M., which pertains to the tiling of ditches and waterways; and 11-9-606 14., which requires pressurized irrigation. 10. Any uses of the property would have to comply with the Zoning Ordinance. 11. The City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan. Thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use. It is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Development Ordinance of the City of Meridian. 12. The property could be annexed and zoned (TE) Technical District, but once the property was zoned (TE) Technical District, the Applicant could place different uses on tate property without additional approval from the City other than building permits, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. B.W. Inc. which limits the control that the City should have over the development and the uses of the property due to the mandates of the Comprehensive Plan. It is, therefore, concluded, as a condition of annexation and zoning, that any use or development of the property shall only be allowed under the conditional use process. 13. It is concluded that the property should be annexed and zoned (TE) Technical District, but only capable of being developed under the conditional use permit process. 14. The Applicant stated that the annexation and zoning is to facilitate the development, by the Meridian Joint School District No. 2, of a middle school academy. In the event that the property is not used as a middle school academy, such other development of or proposed uses of the property shall be under the conditional use permit process. 15. Section 11-2-417 D of the Meridian Zoning And Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. It is concluded, however, that it is more appropriate for a development agreement to be entered into when plans for development of the property are determined and confirmed, and, therefore, as a condition of annexation a development agreement must be entered FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. B.W. Inc. into prior to development of the property or issuance of final plat approval. 16. It is concluded that as a condition of annexation and the zoning of (TE) Technical District, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D. The development agreement shall address, among other things, the following: a. Inclusion into the development the requirements of 11-9-605; b. Payment by the Applicant, or if required, any successors in interest, assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee adopted by the City; C. Addressing the property access linkage, screening, buffering, transitional land uses and traffic study; d. An impact fee or fees for park, police, and fire services as determined by the City; e. Appropriate berming and landscaping; f. Submission and approval of any required plats; g. Submission and approval of individual building, drainage, lighting, parking, and other development plans of the property; h. Harmonizing and integrating the site improvements with the surrounding residential development and other development; i. Establishing the 35 foot landscaped setback mentioned in the Comprehensive Plan and landscaping the same; j. Addressing the comments of the Assistant to the City Engineer and the Planning and Zoning Administrator; k. The sewer and water requirements; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. B.W. Inc. 1. Traffic plans and access into and out of any development; and M. Any other items deemed necessary by the City Staff, including design review of all development and conditional use processing. 17. It is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, and it is concluded that the annexation shall be conditioned on meeting the requirements of these Findings of Fact and Conclusions of Law and if they are not met the land may be de -annexed. 18. The requirements of the Meridian City Engineer, Ada County Highway District, Meridian Planning Administrator, Central District Health Department, the Nampa & Meridian Irrigation District and other governmental agencies shall be met and addressed in a development agreement. 19. All ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de -annexation. 20. Pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de -annexation. 21. The Applicant shall be required to connect the property to Meridian water and sewer. 22. The development of the property shall be subject to and controlled by the Zoning and Development Ordinance and the development agreement, and it shall only be developed under the conditional use process. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. B.W. Inc. 23. These conditions shall run with the land and bind the Applicant and their successors in interest, assigns, heirs, executors or personal representatives. 24• With compliance of the conditions contained herein, the annexation and zoning of the property as (TE) Technical District would be in the best interest of the City of Meridian. 25. If these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de -annexed. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER OSLUND VOTED. v COMMISSIONER MACCOY VOTED CP~ • P,U#0 CHAIRMAN JOHNSON (TIE BREAKER). VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. B.W. Inc. DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant or its successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement, and that the property only be developed under the conditional use process; that if the Applicants are not agreeable with these Findings of Fact and Conclusions of Law and are not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. B.W. Inc. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD _TERRENCE R. WHITE William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 Email via Internet @ wfg@wppmg.com June 10, 1999 f NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466.9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE JUN 10 1999 Re: VJ JOINT VENTURE, AN IDAHO JOINT VENTURE FOR MERIDIAN MIDDLE SCHOOL (PINE / VAN AUI(ER) DEVELOPMENT AGREEMENT, RESOLUTION & CERTIFICATE OF CLERK Dear Will: Please find enclosed the original of the DEVELOPMENT AGREEMENT for the above matter. The FINDINGS OF FACT AND CONCLUSIONS OF LAW were approved back on the 20th day of September, 1994. The Development Agreement is now ready for signatures to be obtained. I have also enclosed the originals of the Resolution and Certificate of the Clerk for the Mayor and yourself to sign the Development Agreement. This matter is scheduled for the June 15, 1999, City Council meeting. If you have any questions please advise. Very truly yours, rStep en therford msg\ZAWorlc\M\Meridian 15360M\School Dist\Middle School Pine (Van Aulcer)\DevAgtVJJointVentureCllc.ltr DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. VJ Joint Venture THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 1999, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and VJ JOINT VENTURE, an Idaho joint venture, hereinafter called "DEVELOPER", whose address is 3084 E. Lanark, Meridian, Idaho 83642. RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, in law and/or equity, of certain tracts of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"described in Exhibit A, and has requested a designation of I -L, Light Industrial, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning S& Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - 1 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning &. Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 20th day of September, 1994, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT - 2 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to VJ Joint Venture, whose address is 3084 E. Lanark, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owners)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Section 11-2-408 B 13 Meridian City Code which are herein specified as follows: (I -L) Light Industrial• The purpose of the (I -L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare DEVELOPMENT AGREEMENT - 3 and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 6.1.1 "Developer", in accordance with its representations before the "City", shall, on the land described in Exhibit "A", construct those facilities listed as permitted uses under the Light -Industrial and Technical District Zoning Schedule of Use Control in the "City's" current Zoning and Development Ordinance and agrees to be bound by any amendments thereto. 6.1.2 "Developer" at such time as the "Developer" shall determine to place improvements upon the subject "Real Property" file with the City Engineer, a complete set of Improvement Plans showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subject DEVELOPMENT AGREEMENT - 4 "Real Property", which plans and all improvements shown thereon shall be subject to the approval of the City Engineer. The Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. 6.1.3 "Developer" will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Improvement Plans. "Developer" shall also install telephone, electrical power, gas lines, and television as required for the development. 6.1.4 "Developer" will construct and install all such improvements in strict accordance with the filed and approved Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the "Developer" and the "City" if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 6.1.5 "Developer" will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 6.1.6 "Developer" will have "corrected" original drawings of the Improvement Plans of all said improvements DEVELOPMENT AGREEMENT - 5 prepared by a Registered Professional Engineer and will provide the "City" with said Plans or a duplicate mylar copy of said Plans. The Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 6..1.7 "Developer" will, immediately upon the completion of any such constructed portion, portions, or entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 6.1.8 "Developer" agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the "City", the "Developer" will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the "City" thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPMENT AGREEMENT - 6 "Developer" will pay to the "City" the cost of such construction, in such manner and under such terms as the "City" shall order after conference with the "Developer". Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the "Developer" has been notified in writing of the time and place of such meeting at least fourteen (14) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 6.1.9 "Developer" agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the "City" shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the "Developer" shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 6.1.10 "Developer" agrees that, in the event any of the improvements required herein are not installed within a reasonable period of time, the "City" may, in compliance with the terms of paragraph 6.1.9 above, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums DEVELOPMENT AGREEMENT - 7 in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. 6.1.11 "Developer" agrees that those portions of the water main or the sanitary sewer line, for which the "City" has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by "Developer" and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for "Developer's" purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, "Developer" agrees to design and construct such facilities subject to the "City's" agreement to enter into a late comers agreement to reimburse "Developer" for a portion of the costs of such excess capacity. "Developer" agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the "City" prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the "City" may possibly agree to enter into a late comers agreement. The "City's" obligation to enter into a late comers agreement to help "Developer" to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder DEVELOPMENT AGREEMENT - 8 is in fact selected by "Developer" to perform the work. 6.1.12 "Developer" agrees that no Certificate of Occupancy will be issued until all improvements are completed, unless the "City" and the "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificate of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 6.1.13 Tile all ditches, canals and waterways, which are to be preserved including those that are property boundaries or only partially located on the property if they can be contained within a pipe size of 48 inches or less. "Developer" shall enclose the Settlers Irrigation Canal within a pipe and shall either enclose within a pipe or vacate 2 users irrigation ditches. 6.1.14 Connect all water and sewer facilities within the subject property to the municipal water and sewer service of the City of Meridian. All water and sewer facilities constructed or installed by "Developer" on the subject property shall be in accordance with plans and specifications therefor which shall be first approved by the "City". 6.1.15 Construct streets to and within the property. 6.1.16Dedicate the necessary land from the centerline(s) of road(s) for public right-of-way. 6.1.17 Pay, in accordance with an ordinance of the City of Meridian in effect at the time of the application by "Developer" for building permits, impact fees, transfer fees (if applicable), development fees, or similar fees or assessments which may be imposed upon, or by reason of, the development of the subject property, based on the uses to be developed on the subject property. DEVELOPMENT AGREEMENT - 9 6.1.18 Meet the requirements and conditions of the Findings of Fact and Conclusions of Law, meet the Ordinances of the "City", comply with the requirements of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer, Meridian Planning Director, Ada County Highway District, Central District Health Department, Nampa -Meridian Irrigation District and the Settlers Irrigation District. 6.1.19 Construct and install all landscaped areas, as shown on plans to be submitted and approved by the "City", with sod and pressurized irrigation system, except as otherwise expressly noted on said approved plans. All shrubs and trees planted on the subject property will comply with the "City's" landscape requirements, unless otherwise expressly approved by the "City". 6.1.20The "Developer" shall prevent all construction debris from migrating to adjacent properties during construction; if the "City" determines that this section of the Agreement is not being met, the "City" shall order the "Developer" to erect a temporary fence within ten (10) days of written notification to the "Developer" to contain construction debris. 6.1.21 Timely submit and obtain the required approval by the "City" of all drainage and grading plans, building plans, lighting plans, landscaping plans, parking and other plans relating to the development of the subject property. 6.1.22 "Developer" shall comply with all of the National Electric Safety Code clearances in connection with Idaho Power Company's 230kv transmission line to be located adjacent to the Eastern right-of-way of Eagle Road upon which a portion of the subject property borders. Buildings and other structures under 38 feet should be setback 25 feet from the centerline of the transmission line. Depending on a particular building site's proximity to a transmission DEVELOPMENT AGREEMENT - 10 pole, buildings or structures may be placed closer than 25 feet from the centerline, however, clearances should be reviewed by the Idaho Power Transmission Design Department. Any buildings or other structures (including signs, light and flag poles) over 38 feet in height should be reviewed by the Idaho Power Transmission Design Department. For these structures a setback of 35 feet from the centerline is recommended. Any building or structure located within 200 feet of the transmission line centerline may need to have additional grounding/bonding installed by the builder to eliminate any effects of electrical induction. Buildings or structures may require grounding/bonding by the builder at distances greater than 200 feet depending on their size and the amount of metal in the makeup and particularly buildings with metal surfaces. Idaho Power Company is available to discuss what grounding/bonding measures may be undertaken by the builder to eliminate the possible effects of induction. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the DEVELOPMENT AGREEMENT - 11 "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. DEVELOPMENT AGREEMENT - 12 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure. may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Meridian City Code, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". DEVELOPMENT AGREEMENT - 13 16. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Vi joint Venture 3084 E. Lanark Meridian, Idaho 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform DEVELOPMENT AGREEMENT - 14 any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT - 15 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT - 16 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Attest: John T. Johnson BY RESOLUTION NO. MR Attest: City Clerk BY RESOLUTION NO. DEVELOPMENT AGREEMENT - 17 LIN VJ JOINT VENTURE, an Idaho Joint Venture Ronald W. Van Auker CITY OF MERIDIAN Mayor Robert D. Corrie STATE OF IDAHO) :ss COUNTY OF ADA) On this day of in the year 1999, before me, , a Notary Public, personally appeared Ronald W. Van Auker and John T. Johnson, known or identified to me to be the and , of VJ Joint Venture, an Idaho joint venture, who executed the instrument or the person that executed the instrument of behalf of said VJ Joint Venture, an Idaho joint venture, and acknowledged to me that such VJ Joint Venture executed the same. (SEAL) STATE OF IDAHO) :ss County of Ada ) On this day of Notary Public for Idaho Commission expires: in the year 1999, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary Public for Idaho Commission expires: msg/Z:\Work\M\Meridian 15360M\School Dist\Middle School Pine (Van Auker)\DevelopAgrVJJointVent DEVELOPMENT AGREEMENT - 18 EXHIBIT A Legal Description Of Property A parcel of land being a portion of the South 1/2 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at a brass cap marking the Northwest corner of the Southeast 1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said brass cap being the REAL POINT OF BEGINNING; thence along the Northerly boundary of said Southeast 1/4 of Section 9, North 89°10'38" East 205.14 feet to an iron pin; thence leaving said Northerly boundary, South 00°39'59" East 1395.95 feet to an iron pin on the Northerly right-of-way of the Union Pacific Railroad; thence along said Northerly right-of-way of the Union Pacific Railroad, North 89°56'30" West 225.16 feet to an iron pin; thence North 00°39'59" West 1392.49 feet to a point on the Northerly boundary of the Southwest 1/4 of Section 9; thence along said Northerly boundary of the Southwest 1/4 of Section 9, North 89°10'38" East 20.00 feet to the point of beginning, comprising 7.21 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. (Parcel 5 1 1 09324805) EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY FOR DEVELOPMENT AGREEMENT - 19 PARCEL "A" That portion of the Southwest quarter of Section 9, Township 3 North, Range 1 East, B.M., in Ada County, Idaho, lying Northerly and Easterly of Commerce Park Subdivision, according to the Plat thereof, filed in Book 45 of Plats at pages 3721 and 3722. EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: Commencing at the section corner common to Sections 8,9, 16 and 17, of Township 3 North, Range 1 East, B.M., Thence North 1298.53 feet along the section line common to Sections 8 and 9; Thence South 89 Degrees 56'24" East 25 feet to a 5/8" iron pin on the North right of way line of the Union Pacific Railroad; Thence along said North right of way line South 89 Degrees 56'30" East 1710.47 feet to the true point of beginning; Thence North 888.84 feet to the Southerly right of way line of Settlers Canal; Thence along said right of way line South 66 Degrees 38'18" East 511.25 feet; Thence North 89 Degrees 20'47" East 458.56 feet to a point on the Southerly right of way line of Settlers Canal; Thence South 0 Degree 40'28" East, 692.34 feet along a line parallel to and 20 feet West of the center section line of Section 9, to a point on the North right of way line of the Union Pacific Railroad; Thence North 89 Degrees 56'30" West 936.00 feet along said North right of way line to the point of beginning. AND EXCEPT that portion condemned by the State of Idaho by Instrument Recorded under No. 8920698. PARCEL "B" That portion of the Southeast quarter of Section 9, Township 3 North, Range 1 East of B.M., in Ada County, Idaho, lying Northerly of the Northerly line of the Union Pacific Railroad right-of-way; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY FOR DEVELOPMENT AGREEMENT - 20 A parcel of land in the South one-half of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an iron rod marking the one-quarter corner common to Sections 9 and 10, Township 3 North, Range 1 East, Boise Meridian; Thence South 89 Degrees 10'09" West 25.00 feet to an iron rod on the West right-of-way line of a county road; Thence along said right-of-way South 1 Degree 03'34" East 60.00 feet to the true point of beginning; Thence South 89 Degrees 10'09" West 986.50 feet to a point; Thence South 1 Degree 03'34" East 130.00 feet to a point; Thence South 89 Degrees 10'09" West 408.52 feet to a point; Thence South 1 Degree 03'34" East 972.93 feet to a point; Thence South 89 Degrees 56'24" East 60.80 feet to a point; Thence South 1 Degree 03'34" East 200.00 feet to a point on the North right-of-way line of the Union Pacific Railroad; Thence along said right-of-way South 89 Degrees 56'24" East 1,334.48 feet to an iron rod on the West right-of-way line of a county road; Thence leaving said railroad right-of-way and continuing along said county road right-of-way North 1 Degree 03'34" West 1,324.62 feet to the true point of beginning. AND EXCEPT that portion lying within the Cloverdale Road right-of- way. (Parcel S 1109325465) EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY FOR DEVELOPMENT AGREEMENT - 21 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - 22 ORIGINAL BEFORE THE MERIDIAN CITY COUNCIL RONALD VAN AUCKER ANNEXATION AND ZONING A PORTION OF THE SW 1/4 AND THE SE 1/4 OF SECTION 9 T. 3.N., R. 1.E., BOISE MERIDIAN, ADA COUNTY IDAHO MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing August 6, 1994, at the hour of 7:30 o'clock p.m., that James R. Jones representing the Petitioner appeared in person, the City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 6, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the august 6, 1994-, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That the Property included in the application for annexation and .ming is described 1n the aopllcatlon, and by this reference 1S =ncor crated herein; that the Crccert,J .S VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE, 1 approximately 172 acres in size. 3. That the property is presently zoned by Ada County as M-1 Industrial and RT Rural Transition residential; that the Applicant requests that portions of the property be zone TE Technical District, I -L Light Industrial and C -G General Retail and Service Commercial; that no specific use for the property was presented but it was stated that it would be platted later. 4. The general area surrounding the property is used for industrial, warehousing and agricultural uses. 5. That the property is now adjacent and abutting to the present City limits. 6. That Ronald VanAucker is the Applicant; that Applicant does not own all of the land; that the other owners are Oren C. Maves and Carmen J. Mayes, 4M Leasing/Canvest, an Idaho Partnership, Franklin -Eagle Joint Venture, VJ Joint Venture, and G/D Partners, an Idaho General Partnership and they have consented to the application and have requested this annexation and zoning and the application is not at the request of the Cit;r of Meridian. 7. Ada County Highway District (ACRD), Gary Smith, Meridian City Engineer, Meridian Police and Fire Departments, Shari Siiles, Meridian planning Director, Central District Health Department, Idaho Power and the Nampa -Meridian Irrigation District submitted comments and such are incorporated herein as if set forth in full. 8. Chuck Lei -he of the Meridian School submitted comment at the hearing that the School District was looking for a 32 acre parcel for a school and the Apui-cant was also interested in a VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 2 i school in the area; that Mr. Jones �ad indicated that the applicant had made arrangements with the School District that a middle school :t would be build in the area. 9. There were property owners in the area of the proposed annexation that appeared and testified at the Planning and Zoning hearing to make comments on the application; that the testimony was basically as follows: a. Pat Nation was against the annexation because it was adjacent to her farm and she likes her well and the sewer facilities that she now has and was not interested in City service; that development in the area would interfere with the horses that she raises; that she wanted to be in the county and not the city and that the annexation would not be good for her privacy or her horses. b. Rich Allison testified that Mr. VanAuker had been co- operative with providing fairly priced land for the School and that school land would provide a buffer for Mrs. Nation. c . Carl Hatvani testified concerning the ditch problems that he had had in the area. d. Mike Shrewsberr1 testified that he wanted the Commission to know that this was only an annexation and that platting would be some time later and that there would be no interference with agricultural practices. that there was also testimony at the City Council hearing, which is basically as follows: 1. James Jones, the Applicant's representative testified about the property and showed pictures of developments that Ron VanAucker had developed; that the land was not in a misted planned use area as stated in the Planning and Zoning Commission Findings of Fact and therefore- the conditions that are placed on land that is in a mixed planned use area should not apply to this land; he stated 'that it was 1n an 1'ndustial Review Area; that he was as c:onc`rned as the City :Jas about some t_7incs that have happened in one of the areas zoned light _ndustrial; he proposed that _= there are uses that the City does not VAST AUKER FI-NDINGS OF FACT & CONCT_USIONS OF LAW PAGE, � want to see built there they would stipulate that those uses would not be built there if it was agreeable with them; he offered a schedule of uses that he said listed the permitted and conditional uses in the Light Industrial zone from the current Meridian Zoning Ordinance with a few suggested changes and asked the City Council to review this and marls it as to how the Citv would like to limit the Applicant's uses. 2. Rich Allison testified basically the way that he did at the Planning and Zoning Searing but added that he supported the Applicant not having to get conditional uses . Ron JarlAuka - testifie : that all of the property was not his; that the General Service Administration was a Pro -Dosed user; that he perceived the conditional use reaua.rement ac unnecessary; that. the conditional use procydure adds uncertainty to development, a lot of delay in development, and the prospective tenants are not willing to :gait: he stated that all of the uses would not necessarily be inside; that outside uses would be of concern to the City and that they may work with the City on the outside uses; that he would do conditions, covenants and restriction and would use them to protect the City. 4. Jim Kessler testified that he was a typical tenant; that he warted to avoid the conditional use process. • Carmen Mayes testified that there were too manv reg11i__ements on the application; that conditional uses we -e a scape coat for what is not a listed use and it is used to discriminate; that she questioned the tiling of waterways; and that she was in favor of the Application. 6. Dwain. Edmonds stated that he has a 15 , :?00 square foot macil.ine shlop on five acres, that a conditional use would be a bad reauirement. 7. John Jackson stated that he owned property to the north of the Applicant'sproperty and was not part of the ADD! icant's development. S. Cornell Larsen testified that he was a r?3ltor; -that he enc :uraced that Cit': not to use condi Clonal uses; that da Count -7 Coes nor' require condit-icnal uses; that the cost to the Citv re use conditional uses would be ver -7 high. 9. ML {e Fora stai-cdd that .e was a r3al eStcte mar_=Ret for VArT AUKER FINDINGS OF FACT & CONCLUS! ONS OF L, -,W L,-,WPAGE 41 Ron Yankee; that Mr. Yankee was not part of the 172 acres; that he was concerned that the conditional use requirement would carryover to Mr. Yankee's land. 10. Chris Nelson stated that he represented "Canvass" which owns land on Commercial Street which is north of the subject property; that conditional use were not acod. 10. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 11. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Piannina Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Pian. 12. That the property can be physically serviced with City water and sewer, but the sewer and water lines will have to be extended to the property by the Applicant. 13. That Meridian has, and is, experiencing a substantial amount of growth; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots, commercial, and industrial uses. la. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under the LAND, GENERAL POLICIES, section commencing at page 22, it states: Encourage a balance of land uses to ensure that Meridian remains a desireable and self- sufficient community; and under the INDUSTRI_3L POLICIES, it states in part as follows: 3.1 Industrial development within the urban service planning area should receive the highest priority. 3-4 industrial develComent salouid be encouraged to locate a& acent to exLstlna industrial Uses. J C lzidustri al areas should be located •,,;it .in proximity VAN AUFER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 5 to major utility, transportation and services facilities. 3.9 Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the Cite sewer treatment facility and irrigated lands that receive industrial runoff. 3.10 Industrial uses should be located where adequate water supply and water pressure are available for fire protection. and under the Eastern -Eagle Road Light Industrial Review area is stated as follows: 3.15 The City of Meridian shall encourage the development of a Technological park and compatible light industrial uses within the proximity of the Idaho Foreign Trade Zone. 3.17 It is the policy of the City of Meridian to encourage and promote light industrial development in the Eastern Light Industrial Review Area. B. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement Policies, Page 19 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate-, n Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1�• That the prope= 1s included within an area designated On the v2neral"zed wand Use Map in the Mer=d_an Comprehensive Plan VAN AUKER FIi1DINGS OF FACT & CONCLUSIONS OF LAGv PAGE 6 as a Light Industrial; the Comprehensive Plan states at page li that "There are two planned Industrial Review Areas addressed in this Comprehensive Plan. The Eastern -Eagle Road Light Industrial Review Area . . ."; the Industrial Policies stated at page 24 of the Comprehensive Plan state in part as follows: 3.11 Zoning and development within each of the Industrial Review Areas should be analyzed to ascertain if there are potential problems or conflicts which would hinder the development of these areas by private industrial and business interests. 3.12 All industrial proposals that pertain to the Industrial Review Areas shall be reviewed and monitored by the City Council or designated commissions or committees, so that approved uses are compatible with surrounding planned uses and preserve the integrity of the review areas."; that the specific policies for the Eastern -Eagle Road Light Industrial Review Area include the following: "3.14 The character, site improvements and type of light industrial developments should be harmonized with the residential uses in this area. 3.16U Land uses within the Eastern -Eagle Road Light Industrial Review area must be clean, quiet, and Z ree of hazardous or objectionable elements." 16. That the requested zoning of General Retail and Service Commercial, (C -G), Technical District and Light Industrial districts are defined in the Zoning Ordinance at 11-2-408 B. as follows: (C -G) General Retail and Service Commercial: The puraose of the (C -G) District is to provide for commercial uses wn-Lch are c:lstomari lv operated entirely or almost entj.re v within a building; to provide for a review of the impact of proposed c^mmerclal uses which are auto and ser -,rice or' ented and are located in close proximity to major highway or arterial streets; to full=ll the need of travel -_"elate^_ S2r"7=CeS as VAN AUFLR FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE, 7 well as retail sales for the transient and permanent motoring public_ All such districts shall be connected -to the Municipal water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. (TE) Technical District: The purpose of the (TE) District is to permit and encourage the development of a technological park, including research and development centers, vocational and technical schools and compatible manufacturing, and wholesale business establishments which are clean, quiet and free of hazardous materials and that are operated entirely or almost entirely within enclosed structures; to delineate an area of adequate size to accommodate present and future compatible needs on lands which are relatively free of improvements, well suited for such use because of location, topography, access and utility service potential, and relationship to other land uses could render the district infeasible for its intended use. The District must have direct access on two (2) or more transportation arterials or collectors, designed to convey large volumes of traffic through non-residential areas to major highways and thoroughfares. It must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the Citv of Meridian for domestic requirements. The district is further designed to act as a buffer between industrial and highway uses and other less intensive business and residential uses, and to provide an environmentally pleasing, safe and aesthetically pleasing employment center for the community and the recion. (I -L) Light Industrial: The purpose of the (I -L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the c4--,7 of Meridian. Uses inccmoatible with light industr-7 are not permitted, and str_p development is prohibited. 17. That in 1992 the Idaho State Legislature passed JAN AUKER FINDINGS OF FACT & CCNCLUSIONS OF LAW PAGE 8 amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability or political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in development that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and business and to those moving into the City; the City is also concerned that the increase in commercial and industrial development is bringing in more population and is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students; that the increase in commercial and industrial which might locate in this annexation would be helpful. 18. That pursuant to the instruction, quidance, and d1=ect=on of the Idaho State Legislature, the City may Lmoose either a deveicament fee or a tzaneier fee on residential property, hick, VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 9 if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 19. That Section 11-9-0505 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 20. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 21. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 22. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of wav or other features. As improved areas (landscaped), semi - improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To Interconnect park, and open space Systems ithlZ1 =iQnts of way for t=ails, waikways, blc7cle ways; r 3• To play a major _ole In ccnser-,ring area Scenic and VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE, 10 natural value, especially water -ways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; S. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 23. That Section 11-9-505 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicvcle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 24. That 11-9-0607 A, of the Subdivision Ordinance, states in part as follows: "The City,s policy is to encourage developers of land development and construction projects to utili-e the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 25. That the City is in the process of amending the Zoning Ordinance and the Subdivision and Development Ordinance; that the present Zoning Ordinance provides for only one industrial zone which is the Light Industrial Zone and which authorizes all industrial uses if allowec; that one of the proposed amendments to the Zoning Ordinance is to reorganize the industrial uses and have a light industrial zone and a heav-1 industriai _one. VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE, 11 26. That proper notice was given as required by law and all procedures before the City Council and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land :within the proposed annexation is contiguous to the present City limits of the City of Meridian, and VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 12 the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the App]-icant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls -,-105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section i1-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. That the Applicant shall be required to conned to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-=16 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K. and L.; that the development agreement shall, as a condition of annexation, require that -ale Apal?cant, or 1f required, any assigns, heirs, executors or personal representatives, pay, when racuired, any development fee or transfer fee adooted by the City; that Mere seal_ be no anre:,ation ll__^.t11 the C-L'?-�_-me=lts of this paragraph are met or, VAN AUKER FINDINGS OF FACT S CONCLUSIONS OF LAW PAGE 13 necessary, the property would be subject to de -annexation and loss of City services, if the requirements of this paragraph were not met. 10. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not other -,rise contained in the current Zoning and Subdivision and Development Ordinances. 12. The Applicant has not stated or represented its intentions for development, which is of concern to the City Council; that since the Comprehensive Plan states that the smecific policies for the Eastern -Eagle Road Light Industrial Review Area include the following: 3.14 The character, site improvements and type of light industrial developments should be harmonized with the residential uses in this area. 3.16U Land uses within the Eastern -Eagle Road Light Industrial Review area must be clean, quiet, and free of hazardous or objectionable elements. therefore, it is concluded, that some means needs to be required so that the City can insure that uses 1n the area are clean, cuist and VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 14 free from hazardous or objectionable elements and are in harmony with the residential uses in the area; that the Zoning Ordinance, as amended, will likely require that uses in the Light Industrial zone be clean, quiet and free of hazardous or objectionable elements; that the area is not in a mixed planned use area which requires conditional uses for development, so conditional uses should not be required as a condition of annexation and zoning; that if the Applicant agrees to have all development meet and comply with the amended Zoning Ordinance, even though it will not be adopted until later, the property should be annexed and zoned as requested. If the Applicant is not agreeable with having his development meet with the Zoning Ordinance, as amended, conditional uses shall be required as a condition of annexation. 13. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C -G), Light Industrial (I -L) or as Technological District (T -E), as requested in the Application, but the Applicant and all property owners must agree, prior to an annexation ordinance being passed, that all development shall meet and comply with the amended Zoning Ordinance, even though it will not be adopted until later. 14. That, as a condition of annexation and the zoning the Applicant, and all property owners, shall be required to enter into development agreements as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the followina: 1. Inclusion into the development of the reaui=zments of 11 - VAN AUKER FINDINGS OF FACT S& CONCLUSIONS OF LAW PAGE 15 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. C. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the Cit 1. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 4: An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing development. 10. Establishing the 35 foot landscaped setback required under the Comprehensive Plan and landscaping. the same. 11. Addressing the comments from the City Staff, applicable at the time of annexation and zoning or at the time of development. 12. The sewer and water requirements. 13. Traffic plans and access into and out of any development. 14. And any other items deemed necessary by the City Staff. 15. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 16 "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. that since the above section states that the development agreements shall take effect upon the adoption of the ordinance annexing and zoning the parcel and since no development agreements have been agreed on, or even discussed, it is concluded that the development agreements are information that the City Council needs prior to the final action on the annexing and zoning applications, which is the annexation ordinance; however, it has been stated that platting may not be done for approximately eighteen months; therefore it is concluded that the land may be annexed and zoned but the land shall be subject to de -annexation if acceptable development agreements are not agreed upon, and entered into, after the annexation ordinance is passed. 16. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, but it is concluded that the property may be de -annexed if appropriate development agreements are not agreed on and executed by the City and the respective property owners. 17. That the requirements of the Meridian Police Department Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 17 development agreements. 18. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de -annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de -annexation. 19. That the Applicant and property owners shall be required to connect to Meridian water and sewer, at their expense, and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreements. 20. That these conditions shall run with the land and bind the applicant, owners and its assigns. 21. With compliance of the conditions contained herein, the annexation and zoning as requested in the Application would be in the best interest of the City of Meridian. 22. That if these conditions of approval are not met by the Applicant and the respective property owners, the property shall be de -annexed. VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 18 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW VOTED COUNCILMAN YERRINGTON COUNCILMAN CORRIE VOTED COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED DECISION The City Council hereby decides that the property set forth in the application be approved for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant and property owners enter into development agreements or that the land be de -annexed; that if the Applicant and owners are not agreeable with these Findings of Fact and Conclusions and are not agreeable with entering into development agreements, the property shall not be annexed. MOTION: APPROVED: DISAPPROVED: VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 19 RESOLUTION NO BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE DAY OF , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND VJ JOINT VENTURE, AN IDAHO JOINT VENTURE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with VJ JOINT VENTURE, an Idaho joint venture, denoted as "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with VJ JOINT VENTURE, an Idaho joint venture, entitled "DEVELOPMENT AGREEMENT" dated the day of 1999, by and between the City of Meridian and VJ Joint Venture, an Idaho joint venture, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING I CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH VJ JOINT VENTURE, AN IDAHO JOINT VENTURE / MIDDLE SCHOOL (PINE) PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of '1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ATTEST: CITY CLERK 1999. MAYOR msg\Z:\Work\M\Meridian 15360M\School Dist\Middle School Pine (Van Auker)\ResolutionVJJointVent RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH VJ JOINT VENTURE, AN IDAHO JOINT VENTURE / MIDDLE SCHOOL (PINE) CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the day of , 1999, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE DAY OF , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND VJ JOINT VENTURE, AN IDAHO JOINT VENTURE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with VJ JOINT VENTURE, an Idaho joint venture, denoted as "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with VJ JOINT VENTURE, an Idaho joint venture, entitled "DEVELOPMENT AGREEMENT" dated the day of CERTIFICATE OF CLERK OF THE I CITY OF MERIDIAN , 1999, by and between the City of Meridian and VJ Joint Venture, an Idaho joint venture, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. WILLIAM G. BERG, JR. STATE OF IDAHO, ) ss. County of Ada, ) On this day of , in the year 1999, before me, , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ msg\ZAWork\M\Meridian 15360M\School Dist\Middle School Pine (Van Auker)\CertificationClerkfor RESJointVenture CERTIFICATE OF CLERK OF THE 2 CITY OF MERIDIAN 2 June 1997 Brian Iverson Earth Tech 827 La Cassia Drive Boise, ID 83705 RE. Meridian Middle School Academy Dear Brian: C) JUN 04 IM ,"*M OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian Irrigation District has received and reviewed the construction plans for the above mentioned project and it appears that all storm water will be retained on site. The irrigation ditch that is being proposed to be piped with a 24" concrete pipe through the south side of the school property is water that is delivered by the Nampa & Meridian Irrigation District through the Snyder Lateral. This particular section is not a facility of the District's although after our telephone conversation of 02 June 1997, I feel that the 24" pipe will be adequate. As I explained to you, this ditch does rise from time to time and I have seen flows around 5 cfs. As this is not a District facility, I will not comment further, nor do I feel this project should not have any impact on the Nampa & Meridian Irrigation District. If you feel further discussion is required, please feel free to contact me. Sincerely, ;John P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA: d/n cc: Rle Each Director Secretary -Treasurer Asst. Water Superintendent Ride 3 - Madsen ,jWy of Meridian APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 f ~ Meridian City Council 0 April 15, 1997 Page 12 MOTION CARRIED: All Yea ITEM #5: ORDINANCE #756 — ANNEXATION/ZONING TO T-E/B.W. INC.: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE E '/ SOUTH '/z NW Y4 SW % OF SECTION 8 T.3N. RAE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. This is an ordinance on the B.W. Inc. Is there anyone from the audience that would like to have Ordinance #756 read in its entirety? Hearing none I will entertain a motion on Ordinance #756. Bentley: Mr. Mayor, I move we adopt Ordinance #756 with a suspension of rules. Tolsma: Second Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma to approve Ordinance #756 with suspension of rules, roll call vote. ROLL CALL VOTE: Tolsma — Yea, Rountree — Yea, Bentley — Yea, Morrow —Yea MOTION CARRIED: All Yea ITEM #6: TABLED APRIL 1, 1997: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF MERIDIAN MIDDLE SCHOOL ACADEMY BY JOINT SCHOOL DISTRICT NO. 2: Corrie: Council, discussion, pleasure? Morrow: Refresh my memory, I am looking to see why we table that from before? Rountree: We needed the annexation. Morrow. And the annexation was just completed by what we adopted. Mr. Mayor, I would move that we approve the conditional use permit for the construction of Meridian Middle School Academy by Joint School District No. 2. Rountree: Second Corrie: Discussion, Counselor, do we approve the findings of fact and conclusions of law, I don't think we did. Morrow. We did, if memory serves me we tabled this just for the technicality of the ordinance adoption. rt Meridian City Council April 15, 1997 Page 13 Corrie: Any further discussion? The motion has been made that we approve the conditional use permit for Meridian Middle School Academy by Joint School District No. 2, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: ORDINANCE #757 REZONE FROM R-4 TO L-O/CURRY BRANDAW ARCHITECTS (PRESTIGE CARE): Come: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF A CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE E '/ SW % OF SECTION 2, T.3N, RAW. B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #757 (End of Tape) This is for the Prestige Care. Council? Rountree: Mr. Mayor, I move that we approve ordinance #757 with suspension of rules. Bentley: Second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley that we approve Ordinance #757 with suspension of rules, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley Yea, Rountree — Yea, Tolsma — Yea MOTION CARRIED: All Yea ITEM #8: ORDINANCE #758 — VACATION OF SEWER EASEMENT/BERTA NEELY (NAPA AUTO PARTS): Corrie: AN ORDINANCE VACATING A SEWER EASEMENT RECORDED AS INSTRUMENT NUMBER 394683 IN A PORTION OF LOT 12, TAYLOR SUBDIVISION, B.M. ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #758 read in its entirety. Seeing none I will entertain a motion for Ordinance #758. Tolsma: Mr. Mayor I would move we approve Ordinance #758 with suspension of the rules. Rountree: Second Corrie: Motion made by Mr. Tolsma, second by Mr. Rountree to approve Ordinance #758 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley—Yea, Rountree —Yea, Tolsma — Yea 0 0 MERIDIAN CITY COUNCIL MEETING: April 15, 1997 APPLICANT: ITEM NUMBER; 6 REQUEST: Request for a CUP for construction of Meridian Middle School Academy AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: U4 MERIDIAN POST OFFICE: U Q ADA COUNTY HIGHWAY DISTRICT: iQ ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council April 1, 1997 Page 23 Morrow. Mr. Mayor I would move that we adopt the findings of fact and conclusions of law as prepared for us by the Planning and Zoning Commission. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Tolsma to adopt the findings of fact and conclusions of law as prepared by the Planning and zoning Commission, any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley — Yea, Rountree - Yea, Tolsma — Yea MOTION CARRIED: All Yea Corrie: The decision? Morrow. Mr. Mayor, the City Council of the City of Meridian approves the annexation and zoning under the conditions set forth in these findings of fact and conclusions of law including that the applicant or its successors, interested, assigns, heirs, executors or personal representative enter into a development agreement and the property only be developed under the conditional use process. If the applicant's are not agreeable with these findings of fact and conclusions of law and they are not agreeable with entering into a development agreement the property should not be annexed. . Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma on the decision as read, any further discussion? Hearing none all those in favor of the decision? Opposed? MOTION CARRIED: All Yea Morrow. Mr. Mayor I would move that we instruct the City Attorney to prepare an annexation ordinance. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley that we instruct the City Attorney to draw up an ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF MERIDIAN MIDDLE SCHOOL ACADEMY BY JOINT SCHOOL DISTRICT NO. 2: r s Meridian City Council • • April 1, 1997 Page 24 Corrie: I will open the public hearing and invite the representative from Joint School District No. 2 to come forward. Wayne Thowless, 1735 Federal Way, Boise, was sworn by the City Attorney. Thowless: Mr. Mayor, members of the Council on behalf of the Meridian School District we are here to request approval of a conditional use allowing construction of a middle school academy or alternative school at the subject property. As you can see it is the school district's intent to place 7 relocatable classroom buildings and a small office building in addition to that on the site. The very long range plan would be to replace those relocatable classroom buildings with permanent structures. There is no specific time frame to do so at this point in time. The site in addition to the relocatble class rooms would consist of a paved parking lot, a bus and vehicular drop off and pick up area for students and also a grass playing field. The site would be fully fenced and I would be happy to entertain any questions you might have. Corrie: Council, questions? Anyone else from the public would like to issue testimony on this subject. Hearing none I will close the public hearing, Council discussion? Morrow: I have a technical question for the City Attorney, my question would be is that until we have the annexation ordinance adopted can we grant the conditional use? Crookston: No you can't, you have no jurisdiction over it yet. Morrow. So the appropriate course of action would be to table (inaudible). Crookston: That is correct. Bentley: Mr. Mayor I would make a motion that we table the request for the CUP for the Meridian Middle School Academy until April 15"'. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to table the request for conditional use permit to April 15, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Jim (inaudible) Carbery: Mr. Mayor, members of the Council my only question was really to our architectural firm I was trying to remember what, when we were going to try to open bids on this project and what that would do to with our time schedule. (Inaudible) Meridian City Council April 1, 1997 Page 25 Morrow. Part of the answer is that it is a formality, I don't think that there is any opposition, certainly not from my standpoint. I am not speaking for the rest of the Council it is a matter of procedural timing and formality. I guess from my perspective is that if you have a bid opening scheduled take it and run with it if you are comfortable with our position. Carberry: Very comfortable with your position. Crookston: I would advise though that Mr. Morrow is stating that at his own risk (Inaudible) ITEM #8: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF EXPANDED BLEACHER SEATING, ACCESSORY STRUCTURES, AND MOVING OF TWO RELOCATABLE CLASSROOMS BY JOINT SCHOOL DISTRICT NO. 2: Corrie: I will open the public hearing and invite the School District's representative. Wayne Thowless, 1735 Federal Way, Boise, was sworn by the City Attorney. Thowless: Mr. Mayor, members of the council on behalf of the Meridian School District we are here to request conditional use approval of expanded bleacher seating at Meridian High School. The present bleachers at the varsity football .field and track seat approximately 380 people. It is the district's wish to be able to hold home varsity football games at that location. For that reason needs expanded seating to accommodate 3416 is the design capacity of the structures to be built on both the home side or the south side of the field and the north side or visitors side of the field. In conjunction with the bleacher seating itself additional fencing will be provided for crowd control, perimeter fencing on the north side of the site will be added. To relocatable classroom buildings that are presently on the south side of the football field are planned to be moved to the south side of the property. Some right of way improvements in accordance with ACHD conditions are planned along Linder Road on the east side of the site. As a separate project the Meridian Boosters are planning a two story press box and concessions building on the south side of the field which would be the home side. That too is shown on the site plans you should have before you. I am going to go over and.change the drawing from the overall site plan to the plan in the immediate vicinity of the track and football field and would stand for any questions. Corrie: Questions from Council? Tolsma: I have one, how are the restroom facilities are they going to be constructed on both sides of the ball field? Thowless: There are no rest rooms proposed to be constructed at this time in conjunction with the project. The high school MERIDIAN CITY COUNCIL MEETING: April 1 1997 APPLICANT: JOINT SCHOOL DIST. NO.2 ITEM NUMBER; 7 REQUEST: PUBLIC HEARING: REQUEST FOR A CUP FOR MERIDIAN MIDDLE SCHOOL ACADEMY AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS P & Z MINUTES FROM 2-11-97 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS�dk li��l OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & JVing Commission • February 11, 1997 Page 42 Borup: Mr. Chairman, I move we instruct the City attorney to prepare findings of fact and conclusions of law on this annexation. Oslund: Second Johnson: Moved and seconded that we have the City attorney prepare findings of fact and conclusions of law on item 13, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR MERIDIAN MIDDLE SCHOOLS ACADEMY BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2: Johnson: I will now open this public hearing and ask the school district or their representative to come forward. Wayne Thowless, 1735 Federal Way, Boise, was sworn by the City Attorney. Thowless: The Meridian school district is proposing to build a middle school alliterative school or academy on this subject site on the east side of Locust Grove. The initial development will include paved parking lot and a complex seven relocatable class room buildings which will be brought and set on footing, (inaudible) the same as the Meridian High School Academy at the end of Lanark Street vas initially constructed. A future phase of development will be the construction of a permanent multi -use and classroom building which you see on your plan. as the thatched rectangle with a small notch taken out of it on the south side of the site. The very long range plan of the school district is that eventually all of the relocatable classrooms will go away and be replaced with permanent facilities. But in the immediate future the relocatables at least some of them will remain and that one multi -use building will be constructed. You also notice on your drawing that prior to the construction of that permanent building an additional two relocatable classrooms may be necessary. Behind the complex will be an athletic area, a playing field for the students and I think those are the most pertinent aspects of the project and I would entertain any question you may have. MacCoy: Have you seen the staffs comments? Thowless: We have and we have reviewed them with the representatives of the school district and we believe that all of the stated conditions can be complied with. MacCoy: So you have no problem with any of those the way they stand right now then? Thowless: There are several items that may involve some discussion on our part with City staff but I don't think any of them are insurmountable by any means. Meridian Planning & Zskg Commission February 11, 1997 Page 43 Borup: Just maybe expanding then on that same question then, are you planning on incorporating a bike parking in with the plan, that was one of the staff comments. Thowless: I think we can easily do that, yes. Borup: Is that something that is not being used in other schools? Thowless: Perhaps Mr. Carberry could address that question. At this particular facility students are going to be coming there from throughout the district. They are very few residential areas within an easy bicycling distance of this location. So I honestly don't know how much bike racks etc. would be used but they are not a costly item so certainly some could be provided. I believe that most students will be arriving by means of either their parents or bussing. MacCoy: What about lighting for your facility here. Do you have plans to light the whole facility or just the classroom are or just the parking lot or what? Thowless: There will be pole mounted parking lot lighting, building, MacCoy: What height? Thowless: I am not sure, probably I the neighborhood of 20 feet, there will be building mounted lighting for security purposes. If the central quad area within those relocatables is determined by our electrical engineer to be too big to adequately light and secure by means of building mounted lighting there may be a pole mounted fixture too in that area. MacCoy: And you are probably using non -glare lighting. Thowless: In terms of the pole lighting it would definitely be cut off luminaries that would direct the light downward. MacCoy: Is your facility normally used daytime as a main use of it. Or is there also evening use? Thowless: I believe I am correct in saying that it is almost entirely a day time use, is that correct? (Inaudible) Thowless: Mr. Carberry of the school district indicated there would be some evening functions held at the school much as at any school facility. But of course the primary use is daytime. Meridian Planning & Ag Commission February 11, 1997 Page 44 MacCoy: On your permanent structure, is that a single story or two story, what do you have planned there? Thowless: That structure would in all likelihood as envisioned at this point in time be a building very similar to the one constructed at the Meridian High Academy at the end of Lanark Street. It is a masonry structure with a metal roof. It looks like it could be a two story structure because it has a large multi -use room in it with a very high ceiling so the basketball can be played. But, there aren't any second floor spaces in it. Oslund: The future permanent building is that going to replace the portables or just augment it? Thowless: Initially it will augment them. If there is a need for two additional relocatable classroom buildings that you should see on your drawing or over here as also dashed in the permanent building would replace those and could potentially replace one or two of the other ones that you see there the original seven. But it would no means replace all of them. Another or a couple of other permanent structures would be needed on the site to replace all of the relocatable buildings. Oslund: Is that in the plans, eventually at some date? Thowless: In the very long range plans, not in the immediate plans. Oslund: I guess I ask that question because it kind of reminds me of the application we saw earlier this evening and that vm put a horizon requirement on a conditional use that involved some portables and I think it was three years. But I think something like that, I don't know if it is three years but I think some kind of time requirement that the conditional use that it be reviewed at some date certain in the future be a wise thing. If we approve it like this than we are saying you can use portables there forever. I am not sure that, it would be nice to have something in the agreement that would allow the City to review that decision at some date in the future. That is all I have. MacCoy: How do you see your own statement about, like it would be some time in the future, are you talking about 20 years away is that the ball park that we are talking about? Thowless: I can give you an example although I have to compare Meridian with Eagle to do so, for which I apologize. At the newly developed alternative school of the meridian school district in Eagle that was developed just within the last year. Already plans are under way to build that permanent building at that facility. I think I would like Mr. Carberry to address the longer range plans for completely relocating the or replacing the relocatables with permanent buildings, he can probably better address that than 1. Meridian Planning & Zgkg Commission February 11, 1997 Page 45 Johnson: I just make one comment with respect to portables, they have almost become a way of life in the Meridian school district out of need because of the growth in our area and the fact that the bond issues are always lagging and can't keep up with building and construction. Until some better method of funding school buildings is passed by the legislature or provided for portables are probably going to be a way of life in the Meridian school district for a long time. This is part of the meridian school district. Any other comments. Borup: Maybe on the same comment, I think the other was in the middle of a residential neighborhood and this is more of an industrial neighborhood. Johnson: That was also a portable that was not part of the school district as I understand it that was private enterprise. Oslund: Well don't misconstrue what I said, I totally understand the situation with portables. I am simply trying to create some options for the City, they may come back in 10 years and say we are still strapped we can't afford a permanent structure and the City can choose to say yes we agree that if we approve it with no twilight on it, there is nothing there. Johnson: I understand that (Inaudible) Johnson: Anyone else from the public that would like to address this issue? Mr. Carberry? Jim Carberry, 3283 Raindrop Drive, Boise, was sworn by the City Attorney. Carberry: Since we are dwindling into the late hours I V"ft take very long. I just want you to realize a couple of things that were stated. There really is no official name for this particular school or campus. We are currently calling it the Meridian middle school academy. A name for this facility will come later. We do currently hold the Meridian middle school alternative program at Meridian middle school. That will move from Meridian middle school to this location. Researchers and educational experts are telling all of us that these buildings and these campuses and these types facilities function better on a separate location and out of the traditional school setting. So that is our desire (inaudible) Now only our school board and I can't really speak for a our school board, can make decisions on when permanent structures would be placed. They too are very concerned that we move as quickly as possible into permanent settings. As Mr. Thowless has indicated we are currently preparing to construct a permanent multi -classroom facility at Eagle academy this summer and we have only been open one year. So, I could go so far as to say that you can see it in the very near Meridian Planning & Zokg Commission February 11, 1997 Page 46 future. Long distance wise, a long ways out we can foresee two additional classroom facilities to close out the use of portables at this particular facility. As your esteemed chairman as noted portables are a way of life in the meridian school district. We would like to put permanent facilities at this site so that we could move those portables to other sites and locations throughout the Meridian school district. I don't think we will ever get out of that and neither will the Boise school district. With that I would leave it open for any questions that you might have. Johnson: Since you don't have a name you might consider calling it the Corrie Middle School Academy, you would probably get it passed with a slam dunk. I will close the public hearing at this time. Any other comments, we need findings of fact and conclusions of law on this application. Oslund: Mr. Chairman, I move that we have the City Attorney prepare findings of fact and conclusions of law for this conditional use permit. Johnson: Moved and seconded we have a city attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A FULL SERVICE SALON WITH TWO STYLING STATIONS, NAIL TECHNICIAN AND MASSAGE THERAPY ROOM BY KELLI STEWART: Johnson: I will now open the public hearing and ask Kelli Stewart or a representative here for her to address the Commission. Robert Van Houten, 2536 Autumn Way, Meridian, was sworn by the City Attorney. Kelli Stewart, 741 N. Katie Way, Kuna, was sworn by the City Attorney. Van Houten: The reason that the two of us are here is Mrs. Stewart is more qualified to answer the questions regarding her business that will be operating at 408 East First. I can answer the questions regarding the exterior part of the property. Johnson: Thank you, Kelli, just briefly, what are you going to do other than what the application says here. You might touch on such things as operating hours and numbers of employees and that sort of thing. Stewart: It will just be me and one other full time stylist. Right now it will just be me but I will be hiring a full staff. Just one stylist, nail technician, eventually maybe a massage therapist and that is about all, it would only be four people total. WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: N COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA C HARLES M. GLENN R. B NTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 KEITH BORUP Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor February 6, 1997 To: P&Z Commission/Mayor & Council From: Bruce Freckleton, Assistant to City En 'neer Shari Stiles, P&Z Administrator CGS Re: MERIDIAN MIDDLE SCHOOL ACADEMY by Joint School District No.2 (Request for Conditional Use Permit) We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: Sanitary sewer service for this parcel could possibly be from an extension of the existing sanitary sewer main located in N. Locust Grove Road at the north boundary of Layne Industrial Park. The depth of this existing main, approximately 5.5' deep, may limit the serviceability of this parcel to this main. As an alternative, there is an existing 8 -inch diameter main stubbed south in N. Locust Grove from the existing 15 -inch diameter trunk line located in Pine Street. The depth of this stub is approximately 15.5 feet deep. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by any proposed development. 2. Water service for this development shall be from an existing 10 -inch diameter main located on N. Locust Grove Road. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 3. Any existing irrigation/drainage ditches within the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Downstream water users have indicated they have a problem getting their water because of weeds and construction dirt from Layne Industrial Park being in the ditch. A:V3DN02.CUP M M Mayor, Council and P&Z February 6, 1997 Page 2 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5. Surety will be secured for any uncompleted improvements prior to temporary Certificate of Occupancy being issued. 6. Coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies. Fire hydrant locations shall be depicted on development plans. 7. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 8. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. All signs are subject to review and approval of the Planning & Zoning Department. No sign shall be erected unless a sign permit has been issued. 9. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. 10. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 11. Provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed to not cause glare or adversely impact neighboring properties as determined by the City of Meridian. 12. All landscaping is to meet the requirements of Ordinance Section 11-2-414.D.2. Underground sprinkling and a minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt is required by City Ordinance. Detailed landscape plans will be reviewed during the building permit approval process. A minimum 20 -foot landscape setback should be required on Locust Grove. A:VSDNW.CUP Mayor, Council and P&Z February b, 1997 Page 3 13. Install non-combustible, six -foot -high, permanent perimeter fencing prior to obtaining building permits unless this requirement is specifically waived in writing by the City. e:usnwa2.cur OFFICIALS '?JVILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB If OF TREASURE VALLEY COUNCIL A AB RS A Good Place to live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION (208) 888-4433 • FAX (208) 197-4813 Public Works/Building Department (208) 887-2211 JIM JOHNSON, Chairman Motor Vehicle/Drivers License (2118) 888-4443 KEITH BORUP JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 4. 11997 TRANSMITTAL DATE: 1/22/97 HEARING DATE: 2/11/97 REQUEST: Conditional Use Permit for Meridian Middle School Academy BY: Meridian Joint School District No. 2 LOCATION OF PROPERTY OR PROJECT. Locust Grove and Pine Avenue North of Layne Industrial Park JIM JOHNSON, P2 MALCOLM MACCOY,P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER JAN27M? CITY OFEIRID;:1,11 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MEDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS(I LIM. &FINAL PLAT) BUREAU OF RECLAMAT LIM. & FINAL PLAT) CITY FILES / OTHER: YOUR CONCISE REMARKS: WILL !AM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY COUNCIL MEMBER A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONR. TOLSMA CHARLES M.ROUNTREE R. GLENN BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION (208) 888.4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 JIM JOHNSON, Chairman Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 4,1997 TRANSMITTAL DATE: 1/22/97 HEARING DATE: 2/11/97 REQUEST: Conditional Use Permit for Meridian Middle School Academy BY: Meridian Joint School District No. 2 LOCATION OF PROPERTY OR PROJECT: Locust Grove and Pine Avenue North of Layne Industrial Park JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES - � e ; OTHER: �J YOUR CONCISE REMARKS: I— -CONES i L L /V _e:C c3 -� • i r� r # (� ► L L In x w G CGe S o - -_q__9� .. 4. , ,"pct Gvc SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary February 3, 1997 Joint School District No. 2 911 Meridian Road Meridian, Idaho 83642 Re: Staff Level Approval MCU-1-97/MA-1-97 Facts and Findings: • C Locust Grove Road s/o Pine Street Alternative middle school A. The Ada County Highway District (ACRD) st requesting conditional use approval to constru buildings at this time (the applicant intends to The 5 -acre site is located on the east side of L of Pine Street. This development is estimated based on the Institute of Transportation Engin B. The application and site plan received January 23, 1997, have been reviewer conforms to applicable District standa change(s) to the plan described in'ihe :as recei�red fhe above referenced application parking 6 " 8 relocatable classroom struct=permanen , ` ' tures in the future). >t Grove Road ap xnnately 330 -feet south venerate 300 additional vehicle trips per day Tfneration manual. eridi and submitted to the District on a",Development Services staff and can be made to conform with the stated below. This item will not be heard -by, the ACID. Commission unless the site plan is changed in such a manner as, t6mot,, with District"standards/policy or an appeal of the Development Services staff decasion,is submi ted.as described within the Standard Requirements outlined below. The following requirements are,p ovided as recommendations for conditions of approval to City o Meridian: Site Suecific Requirements: 1. Dedicate 35' -'feet of right-of-way from the existing centerline of Locust Grove Road abutting the parcel (four additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will not be compensated for this additional right-of-way. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 2. Construct approximately 330 -feet of curb, gutter, 5 -foot wide concrete sidewalk and pavement widening to a 41 -foot street section on Locust Grove Road (approximately 19 -feet additional pavement) abutting the parcel prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Align the street improvements of Locust Grove Road with the existing improvements to the south. 3. Relocate the irrigation ditch out of the new right-of-way of Locust Grove Road. Contact the appropriate irrigation District for their requirements. 4. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file number) for details. 5. Construct two 24 to 30 -foot wide curb cut driveways on Locust Grove Road, located as proposed, one approximately 10 -feet north of the south property line and the other located approximately 10 -feet south of the north property line. Pave the driveways a minimum of 30 - feet back of the existing edge of pavement of Locust Grove 6. As required by District policy, restrictions on the width, num araud locations of driveways, shall be placed on future development of this pI � 7. Other than the access points specifically approve application, direct lot or parcel access to Locust Grove Road is restricted ' m Standard Requirements: 1. This decision of the Development Services Supervisor may be appealed to the Ada County Highway District Commission by the licantor by an owner of property within 300 -feet of the parcel within 15 calender days from the date of this report. The request shall specifically identify each--rau�rement��ta reconsiaeed and include a written explanation of why such a rgquirement weuld result in a3 substantial hardsbip or inequity. The request will be heard by the District Commisston,at an6evening meeting within 20 calender days of the District's receipt of the appeal letter. ° They appellant will be notified of the date and time of the Commission meeting. 4 a 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include wminimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data t -9- was not available to the Commission at the time of it's original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the MCU 197.SLA Page 2 s Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to Districapproval for occupancy. 7. Any change by the applicant in the planned use ofl application, shall require the applicant to complyv: or other regulatory and legal restrictions in ford at interest advises the Highway District of its inte property unless a waiver/variance of said requiftm to the law in effect at the time the change in use i 8. No change in the terms and conditions and signed by the applicant or the app] representative of the Ada County Hh obtain written confirmation of any ;cha is the subject of this tions -ordinances, plans, its successors in Inge the 0;� 'ruse of the subject or other legal relief is granted pursuant valid unless they are in writing ;ntative and an authorized burden shall be upon the applicant to Ada County Highway District. MCU197.SLA Page 3 Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Development Services staff at 345-7662. Sincerely, Larry Sale Development Services Supervisor cc: Project file Lead agenc, MCU 197.SLA Page 4 ;. OQS= 1 1: LT - 1 ca 4 r t0 Iry cx. vi Cb N M 3NINJMN N 7 M 0 N I LT - 1 ca t0 \ cx. vi N a N J I I N v . i N� 4 -- --- ------ ------ --- --- -- -__.-831_0m_ I j I 1 I I I I I I I I I I 1 I m r 1 b � Z ' I I I I I I I I I I I I 1 1 1 I I I I 1 � O I aCuB• SRG�E =o� L.o c - v ST Leatham & Krohn PROPOSED MERIDIAN MIDDLE SCHOOL ACADEMY MERIDIAN JOINT SCHOOL DISTRICT NO. 2 A R C H I T �: C T S Z"1Ada Planning Association 413 W. Idaho, Suite 100 Boise, ID 83702 (208) 345-5274 Fax (208) 345-5279 APAServing Governments in Ada County Since 1977 MEMORANDUM !t1lC. BVED TO: Will Berg, City Clerk, City_of Meridian FEB - 6 1997 (%1/`� t �-�-_ FROM: Mary ardl on, Technical Analyst WY OF MERIDIAN DATE: Feb 3, 1997 Re: Conditional Use Permit for Meridian Middle School Academy at Locust Grove Road and Pine Street APA has reviewed the conditional use permit to construct Meridian Middle School Academy on Locust Grove Road south of Pine Avenue and have the following comments. RECOMMENDATION 1. Sidewalks be constructed on Locust Grove Road fronting the development. 2. A sidewalk system be developed from the Locust Grove sidewalk to the school buildings. 3. Bicycle parking be provided on-site in a well -lit and visible area for safety. It is suggested that four parking spaces be provided per classroom. FACTS AND FINDINGS Destination 2015, the long-range transportation plan for Northern Ada County, designates Locust Grove Road from U.S. Highway 20 & 26 (Chinden Boulevard) to Overland Road as a minor arterial. Currently, there is a jog in Locust Grove Road to the east at Pine Street. The long-range transportation plan recommends the realignment of the road to the west of its current location between Pine Street and Franklin Road. Locust Grove Road in the vicinity of the subject development is therefore a local road. The Meridian Comprehensive Plan identifies bike lanes on Locust Grove from Ustick Road to Pine Street. We would recommend this bike lane continue southward on the realigned Locust Grove Road to connect to residential and commercial development south of Pine Street. With a bicycle -friendly environment on the realigned and existing Locust Grove Road, we would recommend bicycle parking be provided on-site for the students as well as staff. (The existing Locust Grove will have lower traffic volumes so bicycle/vehicular conflicts are reduced.) Additionally, to make the school more pedestrian -friendly, we would recommend the provision of sidewalks along the existing Locust Grove Road and between these sidewalks and the school buildings. The latter sidewalks would provide a safe pedestrian pathway and minimize pedestrians mixing with vehicles. These recommendations are consistent with the Meridian Comprehensive Plan in developing a balanced and mixed transportation system which provides for the safe movement of people. Should you have any questions regarding these comments, please contact me. MHIDEVREVFY97\\MERIDIAN\MERMIDDLE.CU PC: Shari Stiles, City of Meridian File 540.09/City of Meridian Ada County Highway District, Ada County, Cities of Boise, Eagle, Garden City, Kuna, and Meridian Boise Auditorium District, Boise Independent School District, Meridian Joint School District, and Boise State University Equal Opportunity/ Affirmative Action Employer Printed on Recycled Paper SENT BY:Boise, ID. APA 2— 4-97 ; 5:39PM 11da 413 W. Idaho, Suite 100 Boise, ID 83702 (208) 346-6274 Fax (208) 346-6279 P I annin0soc. -b 208 887 4613;# 0 Planning Association Serving Governments in Ada County Since 1977 MEMORANDUM TO; Pill Berg, City Clerk, Cita of Meridian FROM: Mary rdi on, Technical Analyst DATE: Febr 3, 1997 RSC FEB - 4 1997 CITY OF MERIDIAN .�. �._ u � �,•��, .� a ..�: ,.. n .. �. APA has reviewed the conditional use permit to construct Meridian Middle School Academy on Locust Grove Road south of Pine Avenue and have the following comments. 1. Sidewalks be constructed on Locust Grove Road fronting the development. 2. A sidewalk system be developed from the Locust Grove sidewalk to the school buildings. 3. Bicycle parking be provided on-site in a well -lit and visible area for safety. It Is suggested that four parking spaces be provided per classroom. Destination 2015, the long-range transportation plan for Northern Ada County, designates Locust Grove Road from U.S. Hlghway 20 & 26 (Chinden Boulevard) to Overland Road as a minor arterial. Currently, there is a jog in Locust Grove Road to the east at Pine Street. The long-range transportation plan recommends the realignment of the road to the west of its current location between Pine Street and Franklin Road. Locust Grove Road in the vicinity of the subject development is therefore a local road. The Meridian Comprehensive Plan Identifies bike lanes on Locust Grove from Ustick Road to Pine Street. We would recommend this bike lane continue southward on the realigned Locust Grove Road to connect to residential and commercial development south of Pine Street. With a bicycle -friendly environment on the realigned and existing Locust Grove Road, we would recommend bicycle parking be provided on-site for the students as well as staff. (The existing Locust Grove will have lower traffic volumes so bicycle/vehicular conflicts are reduced.) Addltlonally, to make the school more pedestrian -friendly, we would recommend the provision of sidewalks along the existing Locust Grove Road and between these sidewalks and the school buildings. The latter sidewalks would provide a safe pedestrian pathway and minimize pedestrians mixing with vehicles. These recommendations are consistent with the Meridian Comprehensive Plan In developing a balanced and mixed transportation system which provides for the safe movement of people. Should you have any questions regarding these comments, please contact me. MH%DEVREVFY9-AWERIDLA"ERM IDDLE.CU PC: Shari Stiles, City of Meridian File 540.09/City of Meridian Ada County Highway District, Ada County, Cities of Boise, Eagle, Garden City, Run&, and Meridian Boise Auditorium District, Boise Independent School District. Meridian Joint School District, and Boise State University Equal Opportunity/ Affirmative Action Employer Printed on Recycled Paper 0 FEB 04 '97 16:43 2083455279 PAGE.02 C21 ENTRAL C DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # DISTRICT HEALTH D Environmental Health Division ENT Preliminary / Final / Short Plat ' /l /y i✓ C61;jr- ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. Return to: ❑ Boise ❑ Eagle ❑ Garden city Meridian ❑ Kuna ❑ ACz ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ® 8. After written approval from appropriate entities are submitted, we can approve this proposal for: $ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage -,F5 central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: .I!� central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines central water .�] 10. Street Runoff is not to create a mosquito breeding problem. ❑ 11. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 14. We will require plans be submitted for a plan review for any: JEfood establishment ❑ swimming pools or spas ❑ child care center 15. Jii beverage establishment ❑ grocery store �} cS-�,�t�ur t1�X evA �- o FF Sit o a ld �La t.3 /'^/ %o �4 Date: / S // .� k^$S 4G; B E `e& � ino 7"a Tfi 4o Reviewed By: SyR d�-Fi9CE Revie Sheet (DHD 10191 4, rev. 1/95 29 January 1997 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 r ,} 01 n, •s� G�1k�t-, 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 RE: Conditional Use Permit -Meridian Middle School Academy Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, AW/41 - Bill Henson, Asst. Water Superintendent NA MPA & MERIDIAN IP.RIGATION DISTRICT BH: dln PC: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • S '1111 11 i .i • i i . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 31 January 1997 Phones: Area Code 208 OFFICE: Nampa 466-7861 Jim Carberry Boise 343-1884 Joint School District No. 2 SHOP: Nampa 466-0663 911 Meridian Road Boise 345-2431 Meridian, ID 83642 RE: Land Use Change Application for Meridian Middle School Academ Dear Mr. Carberry: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent City of Meridian enc. E APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 February 5, 1997 Members of the City Council City of Meridian Meridian, Idaho We have a problem that we sincerely hope you can help us solve. The problem is with irrigation ditch maintenance on land that has been zoned into the city. When the Meridian Technical school purchased this land were they aware that this 5 acre parcel would have to be cleaned and maintained by April 1, 1997, accord- ing to Idaho State law; Code 42-1202. The land was previously in the county and has not been maintained in the last 5-6 years. This property is located at Pine and Locust Grove. Since the City Council at the Febrruary 11th meeting will be bringing up this matter we would appreciate your assistance. We are enclosing a copy of Code 42-1202, which is taken from Chapter 12 Maintenance and Repair of Ditches, page 163, Idaho State Code. SinGcelY, Clarence L. and BernaDeanne Morgan 1187 E. Fairview Meridian, ID. Telephone: 888-9228 162 anal company and thus could divert its water into the canal compa- i then reclaim a like Nance for seepage and 'ate closer to its irriga- i View Irrigation Co. v. 01 Idaho 604, 619 P.2d , 451 U.S. 912, 107 S. 301 (1981). ces. 26 Am. Jur. 2d, 9, 44, 66, 189-198. Domain, §§ 1-5, 38, omain for purpose of owner. 9 A.L.R. 583; of public and private eminent domain for .L.R. 18. mer or owners of r the purpose of �mselves or with ent to carry the -s may be had in rrigating works garded as equal . C.L., § 3304a; 26 Am. Jur. 2d, -ty as affecting its equisite consent of ction of drain. 146 ny or corpora- ily deny to any r right of way )r lower level, provided, that �r all damages Other conduit ); am. R.C. & ep flume in good all damages re,_ so. Mahaffey v '. 793 (1924). 163 MAINTENANCE AND REPAIR OF DITCHES CHAPTER 12 MAINTENANCE AND REPAIR OF DITCHES SECTION. 42-1201. Ditches to be kept full. 42-1202. Maintenance of ditch. 42-1203. Maintenance of embankments. 42-1204. Prevention of damage to others. 42-1205. Bridges over ditches. 42-1202 SECTION. 42-1206. Repair of community ditches. 42-1207. Change of lateral ditch or buried irrigation conduit. 42-1208. Rights-of-way not subject to ad- verse possession. 42-1201. Ditches to be kept full. — Every person, company or corporation owning or controlling any ditch, canal or conduit for the purpose of irrigation shall, during the time from April first to the first day of November of each year, keep a flow of water therein sufficient to the requirements of such persons as are properly entitled to the use of water therefrom: provided, however, that when the public streams or other natural water sources from which the water is obtained is too low and inadequate for that purpose, or when the board of directors or governing body of an organization or entity furnishing water deem it in the best interests of that organization or entity to adjust the dates of availability and provide for termination of irrigation water, then such ditch, canal or conduit shall be kept with as full a flow of water therein as may be practicable, subject, however, to the rights of priority from the streams or other natural sources as provided by law. 11899, p. 380, § 15; reen. R.C. & C.L., § 3306; C.S., § 5654; I.C.A., § 41-1101; am. 1989, ch. 236, § 1. p. 573.1 Cross ref. Killing muskrats along irriga- tion ditches, § 36-1107, ,- Cited in: Twin Falls Land & Water Co. v. Lind, 14 Idaho 348, 94 P'164 (7.908). Water Decree Prior to Statute. Since this statute was enacted subsequent to decree as to water rights, it could not be considered as controlling in construing that decree, rather the decree should have been construed in the light of the facts in the case and the law as it existed when the decree was entered. Anderson v. Dewey, 82 Idaho 173, 350 P.2d 734 (1960). i 42-1202. Maintenance of ditch. — The owners or persons in control of any ditch, canal or conduit used for irrigating p--rposcc shall maintaixi the same in good order and repair, ready to deliver water by the first of April in each year, and shall construct the necessary outlets in the banks of the ditches, canals or conduits for a proper delivery of water to persons having rights to the use of the water. [1899, P. 380, § 16; reen. R.C. & C.L., § 3307; C.S., § 5655; I.C.A., § 41-1102.] Cross ref. Canal rights of way infested with insect pests, or plant diseases, abate- ment as nuisance, § 22-1902. Fish screens in ditches, canals, flumes or other water conduits required, § 39-906. Injuring ditch or headgate, § 42-902. Cited in: Niday v Barker, 16 Idaho 73, 101 P. 254 (1909). ANALYSIS Conflicting evidence. Liability for costs. Water decree prior to statute. Conflicting Evidence. Where there was conflicting evidence con- cerning the adequacy of water supply and the court might have inferred that the water shortage resulted from construction defects in new ditch, but also could have inferred that the shortage was attributable to such other causes as lack of maintenance, for which the defendant contractor was not responsible, the court's determination, under I.R.C.P. 41(b) Meridian Planning & Z#g Commission March 11, 1997 Page 8 MOTION CARRIED: All Yea MacCoy: The Planning and Zoning Commission here by recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these findings of fact and conclusions of law. Including that the applicant or the successor, interests, assigns, heirs, executors, or personal representatives enter into a development agreement and that the property only be developed under the conditional use process and if the applicants are not agreeable with these findings of fact and conclusions of law are not agreeable with the entering into a development agreement the property should not be annexed. Borup: Second Johnson: It has been moved and seconded to pass the recommendation onto the City Council as read by Commissioner MacCoy, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR MERIDIAN MIDDLE SCHOOL ACADEMY BY MERIDIAN JOIN SCHOOL DISTRICT NO. 2: Johnson: Any comments regarding these findings of fact and conclusions of law? MacCoy: Question, on page 5, item 11, Commissioner Oslund commented that it may, question mark, appropriate to consider the requirements. Johnson: Well I think it is maybe and make that editorial correction and insert the word "be" after may. MacCoy: Right Johnson: There is a misspelling on number 12, just prior to Jim Carberry. That word is supposed to be representative I think. MacCoy: Question on page 7, again and it appears on page 16, and I hope the applicant realizes that when he reads this it says approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewer generated by any proposed development. So it is an open issue. Page 18, paragraph E1, again, it is a clerical, "all, all" codes, so just strike one "all". Johnson: And insert the word "City" or not? MacCoy: Well we haven't been saying City. That is all I have. Meridian Planning & Zc&g Commission March 11, 1997 Page 9 Johnson: Thank you, does anyone else have any corrections or any comments? If not I will entertain a motion for approval as written and corrected. MacCoy: The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. Borup: Second Johnson: Moved and seconded that we approve the findings of fact and conclusions of law as corrected. ROLL CALL VOTE: Borup - Yea, Oslund - Absent, MacCoy - Yea, Manning - Yea MOTION CARRIED: All Yea MacCoy: The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, fire and life safety codes, the uniform fire code, parking, paving and landscape requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Borup: Second Johnson: It is moved and seconded we pass the recommendation onto the City Council as read by Mr. MacCoy, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW A CONDITIONAL USE PERMIT FOR A FULL SERVICE SALON WITH TWO STYLING STATIONS, NAIL TECHNICIAN AND MASSAGE THERAPY ROOM BY KELLI STEWART: Johnson: Discussion at all regarding these findings of fact, any changes? MacCoy: I have a question for staff, on page 5, we don't require the complete driveway paving as we have on others, Gary somebody? Stiles: I am sorry what are you asking? MERIDIAN PLANNING & ZONING COMMISSION MEETING: March 11, 1997 APPLICANT: JOINT SCHOOL DISTRICT #2 AGENDA ITEM NUMBER: 6 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR MERIDIAN MIDDLE SCHOOL ACADEMY AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING & ZONING COMMISSION MEETING: February 11, 1997 APPLICANT: JOINT SCHOOL DISTRICT NO.2 AGENDA ITEM NUMBER: 14 REQUEST: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR MERIDIAN MIDDLE SCHOOL ACADEMY AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS See Attached Comments "Reviewed" See Attached Comments ADA COUNTY HIGHWAY DISTRICT: See Attached Comments ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: See Attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Comments i U Nt � All Materials presented at public meetings shall become property of the City of Meridian.